Keywords
Summary

Keywords

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LEGISLATION REQUIRING AN INDICATION OF ORIGIN ON CERTAIN PRODUCTS - PROHIBITED - CONSUMER PROTECTION - NOT A PERMISSIBLE GROUND OF JUSTIFICATION

( EEC TREATY , ART . 30 )

Summary

NATIONAL LEGISLATION PROHIBITING THE RETAIL SALE OF CERTAIN PRODUCTS IMPORTED FROM OTHER MEMBER STATES UNLESS THEY BEAR OR ARE ACCOMPANIED BY AN INDICATION OF ORIGIN HAS THE EFFECT OF INCREASING THE PRODUCTION COSTS OF THE IMPORTED GOODS AND OF MAKING IT MORE DIFFICULT TO SELL THEM . EVEN IF IT IS APPLICABLE WITHOUT DISTINCTION TO DOMESTIC AND IMPORTED PRODUCTS , IT IS IN PRACTICE AND BY ITS NATURE INTENDED TO ENABLE THE CONSUMER TO DISTINGUISH BETWEEN THOSE TWO CATEGORIES OF PRODUCTS , WHICH MAY PROMPT HIM TO GIVE HIS PREFERENCE TO NATIONAL PRODUCTS ; NO IMPERATIVE REASON RELATING TO CONSUMER PROTECTION JUSTIFIES SUCH LEGISLATION SO THAT IT MUST BE CONSIDERED A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 OF THE TREATY .