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Judgment of the Court (Fifth Chamber) of 6 November 2003.

Commission of the European Communities v Kingdom of Spain.

C-358/01 • 62001CJ0358 • ECLI:EU:C:2003:599

  • Inbound citations: 8
  • Cited paragraphs: 0
  • Outbound citations: 0

Judgment of the Court (Fifth Chamber) of 6 November 2003.

Commission of the European Communities v Kingdom of Spain.

C-358/01 • 62001CJ0358 • ECLI:EU:C:2003:599

Cited paragraphs only

«(Failure of a Member State to fulfil obligations – Article 28 EC – Prohibition on marketing under the name limpiador con lejía(cleaner with bleach) goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l)»

Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislation prohibiting marketing under the name cleaner with bleach goods whose active chlorine content is less than 35 g/l – Not permissible – Justification – Protection of public health – No justification – Protection of consumers – Disproportionate nature ( Arts 28 EC and 30 EC) A Member State which refuses access to its market under the name cleaner with bleach or similar to products lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l fails to fulfil its obligations under Article 28 EC.The protection of the public health cannot justify such an obstacle to trade in so far as the less active chlorine, a dangerous substance, a product contains, the less harmful it is likely to be to the public health. The risk which could be linked to such a product arises from the danger that a consumer might use it inappropriately or for purposes other than those for which it was intended.Such legislation is however disproportionate to the objective of protecting consumers, since the affixing of a label containing information on the nature and main characteristics of the product, including its active chlorine content, is sufficient to inform consumers of the properties and the composition of the product. The fact that the consumers of a Member State have very definite views regarding the composition or the characteristics of a given product is not, in principle, such as to justify obstacles to the free movement of goods when the characteristics of that product can be correctly appreciated by consumers upon reading the label.see paras 46, 48-50, 52, 54, 61, operative part

JUDGMENT OF THE COURT (Fifth Chamber) 6 November 2003 (1)

((Failure of a Member State to fulfil obligations – Article 28 EC – Prohibition on marketing under the name limpiador con lejía(cleaner with bleach) of goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l))

In Case C-358/01,

applicant,

v

defendant,

APPLICATION for a declaration that, by refusing access to the Spanish market under the name of limpiador con lejía ( cleaner with bleach) or similar to products lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 grams per litre, the Kingdom of Spain has failed to fulfil its obligations under Article 28 EC,

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward (Rapporteur), acting for the President of the Fifth Chamber, A. La Pergola and P. Jann, Judges,

Advocate General: S. Alber,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 22 May 2003,

gives the following

Community legislation

National legislation

Arguments of the parties

Findings of the Court

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Edward

La Pergola

Jann

Delivered in open court in Luxembourg on 6 November 2003.

R. Grass

V. Skouris

Registrar

President

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