Keywords
Summary

Keywords

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1. Free movement of goods ° Quantitative restrictions on exports ° Measures having equivalent effect ° National rules requiring wine of designated origin to be bottled in the region of production and limiting bulk exports ° Not permissible ° Justification ° Protection of industrial and commercial property ° Conditions ° Measure must be necessary to give effect to the guarantee associated with the registered designation of origin

(EEC Treaty, Arts 34 and 36; Council Regulation No 823/87, Art. 18)

2. Free movement of goods ° Quantitative restrictions on exports ° Measures having equivalent effect ° Article 34 of the Treaty ° Direct effect ° Possibility of relying on that provision as against an individual

(EEC Treaty, Art. 34)

Summary

1. National rules applicable to wine of designated origin which make the use of the name of the region of production conditional upon bottling in that region and limit the quantity of wine that may be exported in bulk but otherwise permit sales of wine in bulk within the region of production constitute measures having equivalent effect to a quantitative restriction on exports which are prohibited by Article 34 of the EEC Treaty since they have the effect of specifically restricting patterns of exports of wine in bulk and, in particular, of procuring a special advantage for bottling undertakings situated in the region of production.

Such rules cannot be justified on the basis of Article 18 of Regulation No 823/87, which, for wines of that kind, allows the Member States, taking into account fair and traditional practices, to lay down any additional or more stringent conditions of movement than those laid down in that regulation, since that article cannot be interpreted as authorizing the Member States to impose conditions contrary to the Treaty rules on the movement of goods.

The requirement of bottling in the region of production can be justified on grounds of the protection of industrial and commercial property within the meaning of Article 36 of the Treaty only if it is needed in order to ensure that the registered designation of origin fulfils its specific function of guaranteeing that the product bearing it comes from a particular geographical area and displays certain particular characteristics. However, that is not the case where bottling in the region of production is not an operation which endows the wine with particular characteristics and is not essential in order to preserve specific characteristics acquired by that wine.

2. Article 34 of the Treaty is directly applicable and, as such, confers on individuals rights which the courts of Member States must protect. It may therefore be relied on by individuals before the courts of the Member State in disputes against other individuals.