Commission v Germany (Beer purity)

A German law prohibiting the sale of beer made with additives or ingredients other than malted barley, hops, yeast and water under the name beer breached the free movement of goods.

Citation
Case 178/84, [1987] ECR 1227
Court
Court of Justice of the European Union
Year
1987
Subject
EU Law
Topic
Free movement of goods

Facts

Under the German beer purity law, the Reinheitsgebot, which dated back to 1516, only drinks brewed from malted barley, hops, yeast and water could be sold in Germany under the name Bier. Beer containing additives was also prohibited. Beers from other Member States, which were often brewed with other ingredients such as rice or maize, could not be sold as beer in Germany. The Commission brought infringement proceedings.

Legal principle

The Court of Justice held that the German law was contrary to the Treaty. The restriction on the use of the name beer could not be justified by consumer protection, because consumers could be informed of the ingredients by labelling, and it had the effect of crystallising given consumer habits so as to consolidate an advantage acquired by national industries. The absolute ban on additives was disproportionate, because Germany had not shown that the additives posed a risk to public health, and it allowed the same additives in other drinks. The judgment confirmed the approach in Cassis de Dijon.

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