Joseph Henri Thomas Blesgen v Belgian State. [1982] EUECJ R-75/81 (31 March 1982)

Joseph Henri Thomas Blesgen v Belgian State. [1982] EUECJ R-75/81 (31 March 1982)

A national measure prohibiting the consumption, sale, or offering of spirits exceeding 22% alcohol for consumption on the premises in all places open to the public, as well as stocking such drinks on premises to which consumers are admitted or in appurtenant dwellings, where the measure applies without distinction to domestic and imported products and is complementary to the prohibition of consumption on the premises, does not constitute a measure having equivalent effect to quantitative restrictions under Article 30 EEC Treaty.

Citation
[1982] EUECJ R-75/81
Parties
Appellant: Joseph Henri Thomas Blesgen; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
31 March 1982
Procedural Posture
Preliminary Ruling / Reference From National Court (cour De Cassation, Belgium)
Outcome
Reference answered; national measure not covered by Article 30 EEC Treaty prohibition.
Legal Topics
Quantitative Restrictions, Measures Having Equivalent Effect, National Legislation on Alcohol, Article 30 EEC Treaty, Article 36 EEC Treaty
European Union Law Free Movement of Goods Quantitative Restrictions Measures Having Equivalent Effect National Legislation on Alcohol Article 30 EEC Treaty Article 36 EEC Treaty

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Parties

Joseph Henri Thomas Blesgen

Appellant

Belgian State

Respondent

Procedural Posture

Preliminary Ruling / Reference From National Court (cour De Cassation, Belgium)

Legal Issues

  1. 1 Whether Belgian legislation prohibiting stocking and consumption of spirits exceeding 22% alcohol in public places constitutes a measure having equivalent effect to quantitative restrictions under Article 30 EEC Treaty
  2. 2 Whether such measures are justified under Article 36 EEC Treaty

Ratio Decidendi

A national measure prohibiting the consumption, sale, or offering of spirits exceeding 22% alcohol for consumption on the premises in all places open to the public, as well as stocking such drinks on premises to which consumers are admitted or in appurtenant dwellings, where the measure applies without distinction to domestic and imported products and is complementary to the prohibition of consumption on the premises, does not constitute a measure having equivalent effect to quantitative restrictions under Article 30 EEC Treaty.

Court Disposition

Reference answered; national measure not covered by Article 30 EEC Treaty prohibition.

Orders

  • The concept in Article 30 of the EEC Treaty of measures having an effect equivalent to quantitative restrictions on imports does not cover a national measure applicable without distinction to domestic and imported products which prohibits the consumption, sale or offering even without charge of spirituous beverages...