Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein.

• Jurisdiction: European Union
• Celex Number: 61978CJ0120
• ECLI: ECLI:EU:C:1979:42
• Docket Number: 120/78
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 20 February 1979

Avis juridique important

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61978J0120

Judgment of the Court of 20 February 1979. - Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein. - Reference for a preliminary ruling: Hessisches Finanzgericht - Germany. - Measures heaving an effect equivalent to quantitative restrictions. - Case 120/78.

European Court reports 1979 Page 00649
Greek special edition Page 00321
Portuguese special edition Page 00327
Swedish special edition Page 00377
Finnish special edition Page 00403
Spanish special edition Page 00351

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . STATE MONOPOLIES OF A COMMERCIAL CHARACTER - SPECIFIC PROVISION OF THE TREATY - SCOPE

( EEC TREATY , ART . 37 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MARKETING OF A PRODUCT - DISPARITIES BETWEEN NATIONAL LAWS - OBSTACLES TO INTRA-COMMUNITY TRADE - PERMISSIBLE - CONDITIONS AND LIMITS

( EEC TREATY , ART . 30 AND 36 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - MARKETING OF ALCOHOLIC BEVERAGES - FIXING OF A MINIMUM ALCOHOL CONTENT

( EEC TREATY , ART . 30 )

Summary

1 . SINCE IT IS A PROVISION RELATING SPECIFICALLY TO STATE MONOPOLIES OF A COMMERCIAL CHARACTER , ARTICLE 37 OF THE EEC TREATY IS IRRELEVANT WITH REGARD TO NATIONAL PROVISIONS WHICH DO NOT CONCERN THE EXERCISE BY A PUBLIC MONOPOLY OF ITS SPECIFIC FUNCTION - NAMELY , ITS EXCLUSIVE RIGHT - BUT APPLY IN A GENERAL MANNER TO THE PRODUCTION AND MARKETING OF GIVEN PRODUCTS , WHETHER OR NOT THE LATTER ARE COVERED BY THE MONOPOLY IN QUESTION .

2 . IN THE ABSENCE OF COMMON RULES , OBSTACLES TO MOVEMENT WITHIN THE COMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE MARKETING OF A PRODUCT MUST BE ACCEPTED IN SO FAR AS THOSE PROVISIONS MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO THE EFFECTIVENESS OF FISCAL SUPERVISION , THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER .

3 . THE CONCEPT OF ' ' MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ' ' , CONTAINED IN ARTICLE 30 OF THE EEC TREATY , IS TO BE UNDERSTOOD TO MEAN THAT THE FIXING OF A MINIMUM ALCOHOL CONTENT FOR ALCOHOLIC BEVERAGES INTENDED FOR HUMAN CONSUMPTION BY THE LEGISLATION OF A MEMBER STATE ALSO FALLS WITHIN THE PROHIBITION LAID DOWN IN THAT PROVISION WHERE THE IMPORTATION OF ALCOHOLIC BEVERAGES LAWFULLY PRODUCED AND MARKETED IN ANOTHER MEMBER STATE IS CONCERNED .

Parties

IN CASE 120/78

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HESSISCHES FINANZGERICHT FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

REWE-ZENTRAL AG , HAVING ITS REGISTERED OFFICE IN COLOGNE ,

AND

BUNDESMONOPOLVERWALTUNG FUR BRANNTWEIN ( FEDERAL MONOPOLY ADMINISTRATION FOR SPIRITS ),

Subject of the case

ON THE INTERPRETATION OF ARTICLES 30 AND 37 OF THE EEC TREATY IN RELATION TO ARTICLE 100 ( 3 ) OF THE GERMAN LAW ON THE MONOPOLY IN SPIRITS ,

Grounds

1BY ORDER OF 28 APRIL 1978 , WHICH WAS RECEIVED AT THE COURT ON 22 MAY , THE HESSISCHES FINANZGERICHT REFERRED TWO QUESTIONS TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLES 30 AND 37 OF THE EEC TREATY , FOR THE PURPOSE OF ASSESSING THE COMPATIBILITY WITH COMMUNITY LAW OF A PROVISION OF THE GERMAN RULES RELATING TO THE MARKETING OF ALCOHOLIC BEVERAGES FIXING A MINIMUM ALCOHOLIC...