ECvGermany

ECvGermany - JU D G M E N T O F 12. 3. 1987 CASE 178/84 J U...

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Unformatted text preview: JU D G M E N T O F 12. 3. 1987 CASE 178/84 J U D G M E N T O F T H E C O U R T 12 M arch 1987 * In Case 178 /84 Commission of the European Communities, represented by R. C . Braud, P rincipal Legal A dviser, and J. Sack, a member of its Legal D epartm ent, w ith an address fo r service in Luxem bourg at the office of G. K re m lis , also a member of the Com m ission's Legal D epartm ent, Jean M o n n e t B u ild in g , K irch b e rg , applicant, v Federal Republic of Germany, represented by M . Seidel, M in is te ria lra t at the Federal M in is try of E conom ic A ffa irs , J. D ie tric h , M in is te ria lra t at the Federal M in is try of Y o u th , Fam ily A ffairs and H e a lth , J. Sedemund, Rechtsanwalt, C ologne , and R. Lukes, Professor of Law in the U n ive rsity of M nster, acting as Agents, w ith an address fo r service in Luxem bourg at the office of the C hancellor of the Embassy of the Federal R epublic of G erm any , 20-22 avenue E. Reuter, defendant, concerning the application of the 'R einheitsgebot' (p u rity requirem ent) to beers im ported from other M em ber States, T H E C O U R T composed of: L o rd M ackenzie Stuart, President, Y . G alm ot, C. K a ko u ris , T . F. O 'H ig g in s and F. Schockw eiler (Presidents of Chambers), G. Bosco, T . Koopm ans , O . D ue , U . E verling , K . Bahlm ann, R. Jo lie t, J. C. M o itin h o de A lm eida and G. C. R odrguez Iglesias, Judges, Advocate G eneral: Sir G ordon Slynn R egistrar: H . A . R hl, P rincipal A d m in istra to r * Language of the Case: German. 1262 C O M M IS S IO N v G E R M A N Y having regard to the R eport fo r the H e a rin g as supplemented fo llo w in g the hearing on 13 and 14 M a y 1986, after hearing the O p in io n of the Advocate General delivered at the sittin g on 18 September 1986, gives the fo llo w in g Judgm ent 1 By an application lodged at the C o u rt R egistry on 6 July 1984, the Com m ission of the European C om m unities has brought an action under A rtic le 169 of the EEC T re a ty fo r a declaration that, by p ro h ib itin g the m arketing of beers la w fu lly m anu factured and marketed in another M em ber State if they do not com ply w ith A rticles 9 and 10 of the Biersteuergesetz (Law on beer duty ) (Law of 14 M arch 1952, Bundesgesetzblatt I , p. 149), the Federal R epublic of G erm any has failed to fu lfil its obligations under A rtic le 30 of the EEC T reaty . 2 Reference is made to the R eport fo r the H earing fo r the facts of the case, the course of the procedure and the arguments of the parties, w hich are m entioned or discussed hereinafter o n ly in so far as is necessary for the reasoning of the C o u rt. The applicable national law 3 In the course of the proceedings before the C o u rt, the Germ an G overnm ent gave the fo llo w in g account of its legislation on beer, w hich was not contested by the Com m ission and is to be accepted fo r the purposes of these proceedings....
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This note was uploaded on 02/05/2012 for the course 790 395 taught by Professor Tillery during the Fall '09 term at Rutgers.

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ECvGermany - JU D G M E N T O F 12. 3. 1987 CASE 178/84 J U...

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