Keywords
Summary

Keywords

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Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Prohibition of importing and marketing a product whose packaged units were increased in quantity during a publicity campaign with the increase being indicated on the packaging ° Not permissible ° Justification ° Protection of consumers ° None

(EC Treaty, Art. 30)

Summary

Article 30 of the Treaty is to be interpreted as precluding a national measure from prohibiting the importation and marketing of a product lawfully marketed in another Member State, whose packaged units were increased in quantity during a short publicity campaign and the wrapping marked "+ 10%",

° on the ground that that presentation may induce the consumer into thinking that the price of the goods offered for sale is the same as that at which the goods had previously been sold in their old presentation, a circumstance which would have the consequence that, in the event that the trader increased the price, the consumer could be the victim of deception within the meaning of the national law applicable, or, in the event that the price was not increased, the offer would meet the consumer' s expectation but might then entail a breach of the prohibition of imposing prices on retailers enacted by the same national law,

° on the ground that the new presentation, owing to the fact that the band marked "+ 10%" occupies more than 10% of the total surface area of the wrapping, would give the impression to the consumer that the volume and the weight of the product had been increased to an extent greater than indicated.

Although it applies to all products without distinction, such a prohibition is by nature such as to hinder intra-Community trade, since it may compel the importer to adjust the presentation of his products according to the place where they are to be marketed and it cannot be justified as being necessary in order to satisfy overriding requirements relating to the protection of consumers where it does not appear that the prices of those products have been increased, where, on the contrary, the constraint imposed on retailers not to increase their prices, which is in fact favourable to consumers, does not arise from any contractual stipulation and applies only during the short duration of the publicity campaign in question and, finally, where the "+ 10%" marking is not such as to mislead a reasonably circumspect consumer.