Staatsanwaltschaft Freiburg v Franz Keller.

• Jurisdiction: European Union
• Celex Number: 61985CJ0234
• ECLI: ECLI:EU:C:1986:377
• Date: 08 October 1986
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 234/85

Avis juridique important

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61985J0234

Judgment of the Court (Third Chamber) of 8 October 1986. - Staatsanwaltschaft Freiburg v Franz Keller. - Reference for a preliminary ruling: Amtsgericht Breisach am Rhein - Germany. - Validity of Council and Commission regulations - Labelling of table wine. - Case 234/85.

European Court reports 1986 Page 02897

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

Keywords

1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - VALIDITY - ASSESSMENT ONLY IN THE LIGHT OF COMMUNITY LAW

2 . COMMUNITY LAW - PRINCIPLES - FUNDAMENTAL RIGHTS - FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION - LIMITATIONS - PERMISSIBILITY - CONDITIONS

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - DESCRIPTION AND PRESENTATION OF WINE - LABELLING OF TABLE WINE - LIMITATION OF TERMS USED - GENERAL OBJECTIVES - JUSTIFICATION

( COUNCIL REGULATION NO 355/79 , ART . 2 ( 2 ) ( H ); - COMMISSION REGULATION NO 997/81 , ART . 13 ( 6 ))

Summary

1 . THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CAN BE JUDGED ONLY IN THE LIGHT OF COMMUNITY LAW . A CLAIM THAT FUNDAMENTAL RIGHTS LAID DOWN IN THE CONSTITUTION OF A MEMBER STATE HAVE BEEN INFRINGED CANNOT IN ITSELF AFFECT THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN THAT STATE .

2 . THE FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION IS PROTECTED WITHIN THE COMMUNITY LEGAL ORDER ONLY SUBJECT TO THE LIMITS JUSTIFIED BY THE GENERAL OBJECTIVES PURSUED BY THE COMMUNITY , ON CONDITION THAT THE SUBSTANCE OF THE RIGHT IS LEFT UNTOUCHED .

WHEREAS THE COMMUNITY RULES ON THE LABELLING OF WINES PLACE CERTAIN RESTRICTIONS WITHIN A CLEARLY DEFINED SPHERE ON THE BUSINESS ACTIVITY OF THE TRADERS CONCERNED , THEY IN NO WAY IMPINGE ON THE ACTUAL SUBSTANCE OF THE FREEDOM TO PURSUE THAT ACTIVITY .

3 . THE PRINCIPLE OF RESTRICTING THE NUMBER OF TERMS WHICH MAY BE USED ON THE LABELLING OF WINES , WHICH IS IMPLEMENTED BY COUNCIL REGULATION NO 355/79 AND COMMISSION REGULATION NO 997/81 ON THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS , IS JUSTIFIED ON THE BASIS OF THE GENERAL OBJECTIVES PURSUED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE . IN PARTICULAR THE EXCLUSION OF THE TERM ' DURCHGEGOREN ' ON THE LABELLING OF TABLE WINE IS WARRANTED BY THE GENERAL INTEREST AND HENCE DOES NOT CONSTITUTE A RESTRICTION , IN A MANNER CONTRARY TO COMMUNITY LAW , OF THE FREE PURSUIT OF THE TRADE OF WINE-GROWER .

Parties

IN CASE 234/85

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE AMTSGERICHT ( LOCAL COURT ) BREISACH-AM-RHEIN FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN THE

STAATSANWALT ( PUBLIC PROSECUTOR ) FREIBURG

AND

FRANZ KELLER

Subject of the case

ON THE VALIDITY OF PROVISIONS OF COUNCIL REGULATION NO 355/79 OF 5 FEBRUARY 1979 LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE-MUSTS ( OFFICIAL JOURNAL 1979 , L 54 , P . 99 ) AND COMMISSION REGULATION NO 997/81 OF 26 MARCH 1981 LAYING DOWN DETAILED RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS ( OFFICIAL JOURNAL 1981 , L 106 , P . 1 ),

Grounds

1 BY AN ORDER OF 2 JULY 1985 , WHICH WAS RECEIVED AT THE COURT ON 25 JULY 1985 , THE AMTSGERICHT BREISACH-AM RHEIN REFERRED A QUESTION TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY ON THE VALIDITY OF PROVISIONS OF COUNCIL REGULATION NO 355/79 OF 5 FEBRUARY 1979 LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS AND COMMISSION REGULATION NO 997/81 OF 26 MARCH 1981 LAYING DOWN DETAILED RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES...