Muñoz y Cia SA v Frumar Ltd

A regulation can be enforced by one private trader against another, through civil proceedings in a national court.

Citation
Case C-253/00, [2002] ECR I-7289
Court
Court of Justice of the European Union
Year
2002
Subject
EU Law
Topic
Direct effect of Treaty articles and regulations

Facts

Muñoz, a Spanish producer of grapes, sold grapes in the United Kingdom. It discovered that Frumar, a competitor, was selling grapes in the United Kingdom with labels describing them as of a particular variety and quality, in breach of an EU regulation on quality standards for fruit and vegetables. Muñoz sued Frumar in the English courts for an injunction. The Court of Appeal referred to the Court of Justice the question whether a private trader could enforce the regulation against another trader.

Legal principle

The Court of Justice held that Muñoz could enforce the regulation in civil proceedings. It said that the full effectiveness of the rules on quality standards implies that it must be possible to enforce them by means of civil proceedings instituted by a trader against a competitor. The possibility of bringing such proceedings strengthens the practical working of the regulations, and complements the action of the national authorities responsible for enforcing them.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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