Commision V. Germany (Purity Requirement for Beer)

COMMISION v. GERMANY (Purity requirement for beer)

Implementation of the "Law of Purity " to imported beer of Member States.

The Commission appealed against the Federal Republic of Germany that has failed to fulfil the obligations ( under article 30 EC T) to prohibit the marketing of legally produced and marketed beer in other Member States, where is inconsistent with Articles 9 and 10 of the Biersteuergesetz ( beer tax Act ) .

Biersteuergesetz :

· Art 9 manufacturing requirements (affecting domestic products ) . --> This art. states that is exclude the use of any substance from other than the listed there , even additives.

· Art 10 Title " Bier" ( affecting domestic and imported products ) . But this designation is only given to the beers that are made under the manufacturing requirements of this law.

→ This law precludes marketing if beer containing additives (based on considerations of health prevention ) .

OBJECT OF THE ISSUE :

The Commission criticized the Arts 9 and 10 exclude the importation of beer lawfully manufactured in other Member States (for not to be in accordance with manufacturing standards of the German Federal Republic and for incorporating additives unsupported by the Biersteuergesetz but supported in other Member States of origin of the beer). The Commison adds that this prohibition on the marketing can not be justified by findings of general interest relating to: consumer protection and protection of public health.

→ It is a restriction prohibited by Article 30 EC T.

Citing the German Government in its defense that the provisions of the Biersteuergesetz are essential for the protection of public health by banning additives. → This argument must be rejected.

BAN BEER MARKETING CONTAINING ADDITIVES:

The Commission considers that this prohibition is disproportionate because it completely excludes the use of additives, while the legislation that applies to other beverages (in the German Federal Republic) is more elastic....