Criminal proceedings against Arthur Mathot. (Free Movement Of Goods ) [1987] EUECJ R-98/86 (18 February 1987)
Neither Article 30 of the EEC Treaty, nor any other provision of the EEC Treaty, nor any general principle of Community law makes it unlawful for certain provisions of national legislation, themselves in conformity with a Community directive, to apply only to domestically-produced products, to the exclusion of those coming from other Member States.
- Citation
- [1987] EUECJ R-98/86
- Parties
- Defendant: Arthur Mathot; Prosecutor: Deputy Royal Prosecutor
- Jurisdiction
- European Union
- Judgment Date
- 18 February 1987
- Procedural Posture
- Preliminary Ruling (article 177 Eec) / Reference From National Court (tribunal De Première Instance, Dinant)
- Outcome
- Preliminary ruling: national legislation in conformity with a Community directive may apply only to domestic products without infringing Article 30 EEC or other Community law.
- Legal Topics
- Free Movement of Goods, Labelling Requirements, Non Discrimination, Harmonization of Laws
Case Brief
Summary, issues, holding and outcome
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Parties
Arthur Mathot
Defendant
Deputy Royal Prosecutor
Prosecutor
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Court (tribunal De Première Instance, Dinant)
Legal Issues
- 1 Whether Belgian labelling requirements for butter, imposed only on domestic producers, are compatible with Article 30 EEC Treaty and Community law
Ratio Decidendi
Neither Article 30 of the EEC Treaty, nor any other provision of the EEC Treaty, nor any general principle of Community law makes it unlawful for certain provisions of national legislation, themselves in conformity with a Community directive, to apply only to domestically-produced products, to the exclusion of those coming from other Member States.
Court Disposition
Preliminary ruling: national legislation in conformity with a Community directive may apply only to domestic products without infringing Article 30 EEC or other Community law.
Orders
- Neither Article 30 of the EEC Treaty, nor any other provision of the EEC Treaty, nor any general principle of Community law makes it unlawful for certain provisions of national legislation, themselves in conformity with a Community directive, to apply only to domestically-produced products, to the exclusion of those...
- Costs incurred by the Belgian Government and the Commission are not recoverable; decision on costs for main proceedings is for the national court.
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