Decided 12 March 1987 Location Europe Ruling court European Court of Justice | Citation(s) Case 178/84 End date March 12, 1987 | |
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Similar Commission v France (1997), Procureur du Roi v Benoît an, Rewe‑Zentral AG v Bundesm, Schmidberger v Austria, Keck and Mithouard | ||
Commission v Germany (1987) Case 178/84 is an EU law case, concerning the free movement of services in the European Union.
Contents
Facts
The Biersteuergesetz (Beer Tax Act, often referred to as the Reinheitsgebot or Beer Purity Law) originally from 1516, banned marketing of beer with any additives. It also reserved the name ‘Bier’ for malted barley, hops, yeast and water only. Maize and rice being used meant the product could not be called ‘Bier’. Germany argued that Germans drank a lot of beer, and long term effects of additives were unknown. Consumers were used to linking the word ‘Bier’ only to those products with the traditional ingredients.
Judgment
ECJ held the rule could not be justified. It examined international scientific research and the EU’s scientific committee for food work, the codex alimentarius of the UN and the WHO and found that additives posed no risk to public health. Germany permitted additives in drinks other than beer, so its policy was inconsistent. TFEU art 110 case law was similar.