Δευτέρα, 22 Φεβρουαρίου 2016

The Cassis de Dijon Principle in the EU


The Cassis de Dijon Principle in the EU

The Cassis de Dijon Principle belongs to the cornerstone of the EU internal market and refers to a decision of the European Court of Justice (ECJ) of 1979. At that time the German Federal Monopoly Administration for Spirits had prohibited the importation of a French red currant liqueur (cassis from Dijon), because it did not meet the German regulations in regard to the alcohol content. A lawsuit was brought, which the importer finally won.

The ECJ stated that the limitation of the free movement of goods could only be permitted in exceptional cases, for example in order to protect the health of the public, to protect the consumers or if a general public interest existed. However, these conditions in regard to the alcohol content for liqueurs were not met, which is why the product had to be allowed into Germany without hindrance.

The Cassis de Dijon Principle consequently stipulates that the member states mutually recognise each of their regulations, as long as no generally binding EU regulations exist. Accordingly, goods that have been legally manufactured and marketed in one member state (EU/EEA), may as a matter of principle also be sold in all other member states without additional controls

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