''Rewe-Zentral v Bundesmonopolverwaltung für Branntwein'' (1979) Case C-120/78, popularly known as Cassis de Dijon after its subject matter, is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

decision of the European Court of Justice. The Court held that a regulation applying to both imported and to domestic goods (an "indistinctly applicable measure") that produces an effect equivalent to a quantitative

import restriction Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations ...

is an unlawful restriction on the free movement of goods. The case is a seminal judicial interpretation of article 34 of the

Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...

. In the same ruling, the Court established the so-called ''rule of reason'', allowing non-discriminatory restrictive measures to be justified on grounds other than those listed in article 36 TFEU.

Facts

Rewe Rewe (stylized as REWE; ) is a supermarket chain in Germany and the main brand of Rewe Group headquartered in Cologne. The name originated from an abbreviation of the original name "Revisionsverband der Westkauf-Genossenschaften" (Audit union ...

, a large German retail company, wanted to import and sell Cassis de Dijon, a ''

crème de cassis Crème de cassis () (also known as Cassis liqueur) is a sweet, dark red liqueur made from blackcurrants. Several cocktails are made with crème de cassis, including the popular wine cocktail, kir. It may also be served as an after-dinner liq ...

'' blackcurrant liqueur produced in France. The liqueur contained between 15 and 20 per cent alcohol by volume (ABV). Germany, however, had a law specifying that products sold as fruit liqueurs be over 25 per cent ABV. The ''Bundesmonopolverwaltung für Branntwein'' (Federal Monopoly Administration for Spirits), part of the Federal Ministry of Finance, informed Rewe that it would not be able to market Cassis in Germany as a liqueur. Rewe challenged the decision as a breach of

European law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...

, specifically of Article 30 Treaty of Rome (TEC).

Judgment

The ECJ held that the German legislation represented a measure having an effect equivalent to a quantitative restriction on imports and was thus in breach of article 34 of the Treaty:

Significance

In 2010, Switzerland unilaterally adopted this principle: generally, goods that can be lawfully produced or marketed according to standards applying in the European Union can also be lawfully produced or marketed in Switzerland or imported from the EU into Switzerland.Neue Zürcher Zeitung
Erleichterte EU-Importe
20 May 2010.

Notes

References

* Kai Purnhagen The Virtue of Cassis de Dijon 25 Years Later – It is Not Dead, it just Smells Funny, in: Varieties of European Economic Law and Regulation, hrsg. Kai Purnhagen, Peter Rott, New York, Heidelberg, Dordrecht u.a.: Springer, 2014, 315–342, * * * Brettschneider, Jörg, Das Herkunftslandprinzip und mögliche Alternativen aus ökonomischer Sicht, Auswirkungen auf und Bedeutung für den Systemwettbewerb, Duncker & Humblot, Berlin 2015, .

External links

Decision of ECJ at Europa Websiteec.europa.eu
{{Italic title 1979 in case law 1979 in Germany Alcohol in Europe Alcohol law in Germany European Union goods case law France–Germany relations