As Cassis de Dijon judgement the judgement of the Court of Justice of the European communities (EuGH) from 20 February 1979 in the legal matter 120/78 becomes REWE central, AG. /. Federal monopoly administration for Branntwein, marks.

Circumstances

The Cologne commercial's group of REWE imported a Johannisbeer a Cassis in such a way specified, to Germany, from Dijon (France) in order to sell this in their food markets. The federal monopoly administration for Branntwein forbade the REWE however the further import and sales of the commodity made of France, since the alleged with its alcohol content from 16 to 22 Vol,% the alcohol content of 25 Vol,% for demanded by the German Branntweinmonopolgesetz, did not correspond.

REWE raised thereupon and it made complaint against the federal monopoly administration for Branntwein among other things valid that the German regulation was incompatible as a measure, which stands for a quantitative import restriction in the effect directly with the goods traffic liberty from article 28 of the EEC contract. The hessian revenue court concerned with the thing put the law case thereupon the EuGH for preliminary ruling forwards.

Decision

The EuGH stated that obstacles for the trade between the member states, which result from differences of the national regulations over the marketing of the products concerned must be accepted in principle, if these regulations are necessary, in order compelling requirements to become fair. Compelling requirements in this sense the Court of Justice in particular saw thereby in the requirements of effective fiscal control, the protection of the public health, to the integrity of the trade and the consumer protection.

For the attacked determination of the German Branntweinmonopolgesetzes however the Court of Justice could not recognize such compelling requirements. Logically the Court of Justice considered the German regulation incompatible with the European goods traffic liberty.

Meaning

The decision been based on kind 28 EGV (before times kind 30 EWGV) and set yardsticks for the interpretation of this regulation. Kind 28 EGV regulates the so-called goods traffic liberty and reads as follows:

Article 28 - Quantitative import restrictions as well as all measures of same effect are forbidden between the member states.

In the fundamental Dassonville decision the Court of Justice had already extremely far laid the term "„for measures out of same effect "“and had seized among them each commercial regulation of a member state,

suitably is direct or indirect, the trade within the community, potentially to actually or obstruct (so-called Dassonville formula).

The Cassis de Dijon decision continues this iurisdiction first consistently, by it for the first time also a commercial regulation, which is considered indiscriminately to foreign and domestic products, when measure of same effect classifies.

At the same time however the decision limits the term "„of the measures of same effect "“- and to that extent (too) the Dassonville formula going far takes back - to such member-national regulations, those

are not necessary, in order compelling requirements of the common weal to become fair (so-called Cassis formula).

Apart from the Dassonville decision the Cassis de Dijon judgement belongs therefore to the fundamental, decisions pointing the way of the Court of Justice to the interpretation of the European goods traffic liberty. In principle the Cassis de Dijon principle with the implied mutual acknowledgment of in the result corresponds to equivalent, but regulations of a market opening and liberal acting out-arranged different.

Still further judgements of the EuGH followed the Cassis de Dijon judgement against offences in connection with the free goods traffic, so for example also the beer judgement, which it forbids Germany locking against the import of beers from the EEC which do not correspond to the German purity requirement.

See also

• European Court of Justice
• Goods traffic liberty
• Dassonville decision
• Saucy decision

Articles in category "Cassis de Dijon decision"

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