Analysis of the Case Commission v Germany (C-178/84)

Analysis of the Case Commission v Germany (C-178/84)

Introduction

Germany is the biggest producer of beer in Europe and has the 3rd major per capita consumption following Austria and Czech Republic. Germany is home to over thirteen thousand breweries, which produce around five thousand different beers, in accordance with the Brauer-Bund. Referring to the Case Commission v Germany (C-178/84), it resulted from the violation action brought in opposition to Germany on its law regarding beer purity. It was regarding an act by the French firm Brasserie du Pêcheur for compensations for the reason that in late 1981 it was enforced to stop exporting beer to Germany because the competent authorities in Germany deemed that the beer it produced did not adhere to the purity requirement of German beer.

Discussion

Imports: Manufacturing Standards

General legislation which sets down obligatory standards for the manufacturing of an item for consumption (in this case beer) in that member State does not per se make up a measure of corresponding outcome to a quantitative restraint on imports as per EEC Article 30.

Imports: Consumer Protection

The expectations of a consumer in a member-State in connection with a provided trade description must not be given any considerable weight if a general legislative quintessence of that expectation has a restraining outcome on imports of the similar type of item from other member-States.

Imports: Trade descriptions

The word 'Bier' or something similar to that in other member-States are general or common names for a fermented beverage produced from malted barley by sometimes adding and sometimes without adding maize or rice. The word may not, for that reason, be restricted by general legislation to a further restraining definition.

Where an item is of vague standard to the consumers in a specific member-State and that particular State has obligated a precise quality standard for domestic producers, it may not refute the general description to the products that are imported from different member-States which do not go along with its standards, however it may call for non-conforming items to be labelled giving the product's nature sold by demonstrating the raw materials utilized in its production. This kind of a system of obligatory consumer information ought not, however, entail off-putting evaluations for imported items not adhering to the domestic standards.

Imports: Food and Additives

The ban on the advertising and promotion in a member-State of a consumption item imported from other member-States and having additives which are proscribed arbitrarily for foreign and domestic production in a similar way however constitutes an import restraint caught by EEC Article 30 and can only be protected by means of Article 36.

While a member-State bans the promotion of a beverage (in this case beer) if it has additives in it however allows the similar additives in some other beverages which contain lower general consumption, there is not satisfactory health reasoning under EEC Article 36 to overcome the ban on import limits under Article 30.

Import restrictions: Proportionality and Exceptions

While a member-State sets down strict controls on the quality ...