Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PRODUCTION AND MARKETING OF PRODUCTS - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBILITY - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF THE MARKETING OF BEER WHOSE ACIDITY EXCEEDS A MAXIMUM LEVEL - EXTENSION OF PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN THE EXPORTING MEMBER STATE - PROHIBITION

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION OF STATEMENT OF STRENGTH OF ORIGINAL WORT OF THE BEER ON PRE-PACKAGING OR LABEL THEREOF - EXTENSION OF PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN THE EXPORTING MEMBER STATE - PROHIBITION - CONDITIONS

( EEC TREATY , ART . 30 )

Summary

1 . IN THE ABSENCE OF COMMON RULES , OBSTACLES TO FREE MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE PRODUCTION AND MARKETING OF PRODUCTS , MUST BE ACCEPTED IN SO FAR AS SUCH RULES , APPLICABLE TO DOMESTIC AND TO IMPORTED PRODUCTS WITHOUT DISTINCTION , MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING INTER ALIA TO FAIRNESS IN COMMERCIAL DEALINGS AND CONSUMER PROTECTION .

2 . IF THE RULES ON TRADING IN BEER , ADOPTED BY A MEMBER STATE IN ORDER TO DEFINE THE DIFFERENT TYPES OF BEER TRADITIONALLY BREWED IN A CERTAIN PART OF THE COMMUNITY AND TO SAFEGUARD ITS TYPICAL TASTE , PROHIBIT THE MARKETING OF ANY BEER WHOSE ACIDITY EXCEEDS A CERTAIN LEVEL , UNLESS THAT BEER IS PRODUCED BY PROCESSES TRADITIONALLY USED IN THAT PART OF THE COMMUNITY TO OBTAIN SOUR BEER , THE EXTENSION OF THAT PROHIBITION TO BEER LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY .

3 . THE EXTENSION BY A MEMBER STATE OF A PROHIBITION OF A STATEMENT OF THE STRENGTH OF THE ORIGINAL WORT OF BEER ON THE PRE-PACKAGING OR THE LABEL THEREOF TO BEER IMPORTED FROM OTHER MEMBER STATES , NECESSITATING AN ALTERATION OF THE LABEL UNDER WHICH THE IMPORTED BEER , IS LAWFULLY MARKETED IN THE EXPORTING MEMBER STATE , MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , WHICH IS PROHIBITED BY ARTICLE 30 OF THE TREATY , UNLESS SUCH STATEMENT , REGARD BEING HAD TO ITS SPECIFIC TERMS , IS OF SUCH A KIND AS TO MISLEAD THE PURCHASER .