Cassis de Dijon (1979): Mutual Recognition and the Limits of Non-Discrimination
“A product lawfully marketed in one Member State should be freely sold in another.” This revolutionary statement first emerged in the Cassis de Dijon judgment.
Hello, readers interested in EU law. Today we unpack Cassis de Dijon (1979). When I first encountered this case, I wondered, “Why did the alcohol content of a liqueur become such a big deal in EU law?” But this wasn’t just about importing booze—it was a landmark ruling that simultaneously set the rules for the free movement of goods and the justification of Member State regulations. Let’s follow the outline and break it down.
Contents
Background and Facts
A German importer sought to sell the French fruit liqueur Cassis de Dijon on the German market. At the time, German law required a minimum alcohol content of 25% for fruit liqueurs, whereas Cassis de Dijon was around 15–20%. German authorities therefore banned its import and sale. The dispute escalated into a clash between the free movement of goods and Member States’ regulatory powers.
Core Issue: Free Movement vs Domestic Regulation
At its core, the case asked whether national rules may restrict the free movement of goods. Germany sought to justify its rule on consumer protection and public health grounds, while the importer argued that the restriction was discriminatory and unnecessary.
| Side | Argument | Core Reasoning |
|---|---|---|
| German Government | Justification of national regulation | Aimed at preventing consumer deception and protecting public health |
| Importer | Guarantee of free movement | The German rule is an unnecessary barrier and infringes the free movement of goods |
The Court’s Decision and Reasoning
The Court of Justice (CJEU) held that Germany’s rule violated the EEC Treaty’s free movement of goods. At the same time, it articulated two seminal principles:
- Principle of Mutual Recognition: A product lawfully produced and marketed in one Member State should, in principle, be admitted to sale in other Member States.
- Mandatory Requirements: National measures may be justified only for legitimate reasons—such as consumer protection, public health, or effective fiscal supervision—and must be proportionate.
Impact on the EU Legal Order
The Cassis de Dijon judgment re-defined the foundations of free movement of goods. Beyond simple non-discrimination, it set out the conditions under which national rules may be justified, completing the legal architecture of the internal market. The ruling entrenched mutual recognition as a driver of EU economic integration, while the concept of mandatory requirements became a touchstone for assessing the legitimacy of domestic regulation.
Criticism and Academic Debate
The case drew both praise and criticism. While mutual recognition strengthened economic freedom, some argued it narrowed Member States’ room to regulate in the public interest.
| Perspective | Main Argument |
|---|---|
| Critical | Mutual recognition weakens regulatory autonomy and may hinder consumer protection or other public policies. |
| Supportive | It strengthens the internal market’s freedoms while limiting national rules to a reasonable, proportionate scope. |
Contemporary Significance and Takeaways
Today, Cassis de Dijon still sits at the center of internal market law. It guarantees the free movement of goods while allowing justified regulation on proper grounds. Key takeaways:
- Mutual recognition accelerated EU economic integration.
- “Mandatory requirements” set a benchmark for legitimate, proportionate regulation.
- The free movement of goods became a flagship norm of EU law.
Frequently Asked Questions (FAQ)
Germany blocked imports of the French fruit liqueur Cassis de Dijon because of its lower alcohol content, triggering a clash between free movement of goods and national regulatory powers.
Whether a Member State’s domestic rules can restrict free movement of goods and, if so, under what justification criteria.
It found Germany’s rule contrary to the Treaty and, for the first time, set out the principles of mutual recognition and mandatory requirements.
A product lawfully produced and marketed in one Member State should, in principle, be freely sold in other Member States.
They are legitimate public-interest grounds—such as consumer protection, public health, or effective fiscal supervision—that can justify national rules, provided the measures are proportionate.
Yes. It remains a cornerstone whenever the balance between market freedoms and regulation is discussed.
In Closing
Cassis de Dijon (1979) marks the starting line of the eternal balancing act: “free movement vs. reasonable regulation.” Studying this case always makes me ask whether there’s a less restrictive alternative. If consumer protection can be achieved through labelling or information duties, there’s little need to resort to an import ban. For problem questions, check the trio of mutual recognition—mandatory requirements—proportionality. Stuck on a tricky scenario? Drop it in the comments and we’ll craft a sharper answer together. 🙂
No comments:
Post a Comment