Avis juridique important

Judgment of the Court of 19 June 1990. - Commission of the European Communities v Italian Republic. - Free movement of goods - Measures having equivalent effect - Marketing of food extracts of animal or vegetable origin. - Case C-177/89. European Court reports 1990 Page I-02429 Pub.RJ Page Pub somm

Summary Parties Operative part

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1 . Member States - Obligations - Failure - Justification - Not permissible

( EEC Treaty, Art . 169 )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Subjecting of the marketing of food extracts imported from other Member States to restrictive conditions, including previous authorization

( EEC Treaty, Art . 30 )

1 . As the Court has consistently held, a Member State may not plead provisions, practices or situations in its internal legal system in order to justify a failure to comply with its obligations under Community law .

2 . National rules which subject the marketing of food extracts and similar products of animal or vegetable origin lawfully manufactured and marketed in other Member States to restrictions relating to the composition, description and packaging and which also require previous authorization for such marketing constitute a measure having an effect equivalent to quantitative restrictions on imports within the meaning of Article 30 of the Treaty .

In Case C-177/89

Commission of the European Communities, represented by G . Berardis, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Centre Wagner, Kirchberg,

applicant,

v

Italian Republic, represented by Ivo Braguglia, avvocato dello Stato, acting as Agent, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that, by subjecting the marketing in Italy of food extracts and similar products of animal or vegetable origin lawfully manufactured and marketed in other Member States to restrictions relating to the composition, description and packaging of those products, and also by requiring previous authorization for such marketing and imposing requirements regarding labelling which are incompatible with the relevant Community rules, the Italian Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty and Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer ( Official Journal 1979, L 33, p . 1 ),

THE COURT

composed of : O . Due, President, F . A . Schockweiler and M . Zuleeg ( Presidents of Chambers ), G . F . Mancini, T . F . O' Higgins, J . C . Moitinho de Almeida, F . Grévisse, M . Diez de Velasco and P . G . J . Kapteyn, Judges,

( the grounds of the judgment are not reproduced )

hereby :

( 1 ) Declares that, by subjecting the marketing in Italy of food extracts and similar products of animal or vegetable origin lawfully manufactured and marketed in other Member States to restrictions relating to the composition, description and packaging of those products, and also by requiring previous authorization for such marketing, the Italian Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty;

( 2 ) Orders the Italian Republic to pay the costs .