Free movement of goods - Quantitative restrictions - Measures having equivalent effect - National legislation reserving certain trade descriptions to preparations with foie gras as a base possessing certain qualities - No mutual recognition clause for products from other Member States - Not permissible - Justification - Consumer protection - Prevention of offences with respect to false descriptions - No justification
(EC Treaty, Art. 30)
A Member State which adopts legislation relating to preparations with foie gras as a base, reserving certain trade descriptions to products possessing particular qualities and without including a mutual recognition clause for products coming from other Member States and complying with the rules enacted by those States, fails to fulfil its obligations under Article 30 of the Treaty.
Such legislation prohibiting a product from a Member State which complies with the rules laid down by that State but which does not fully satisfy the requirements imposed by that legislation from being marketed under a given trade description must be regarded as capable of hindering, at least potentially, inter-State trade.
That legislation cannot be justified by the imperative requirements of consumer protection and the prevention of offences with respect to false descriptions. First, while it is legitimate to ensure that consumers are effectively protected by enabling them to know the real nature of products, that objective may be attained by means, other than the reservation of certain trade descriptions to products possessing particular qualities, which would be less restrictive of the marketing of products, such as affixing suitable labels concerning the nature and characteristics of the product for sale.
Second, that legislation is not proportionate to the need to prevent offences with respect to false descriptions. The mere fact that a product does not wholly conform to the requirements laid down in national legislation on the composition of certain foodstuffs with a particular denomination does not mean that its marketing can be prohibited. While the competent national authorities are entitled to monitor preparations in order to establish whether the raw materials used and the production methods are in accordance with the information on the labels and in order to bring proceedings against those responsible for selling foodstuffs which bear descriptions identical to those provided for by national legislation, but which are so different in content as to give rise to suspicion of deceit, that possibility applies only to situations in which the foodstuff coming from a Member State and complying with the rules enacted by that State departs markedly from the requirements imposed by the legislation of the State concerned.