''Walter Rau Lebensmittelwerke v De Smedt PVBA'' (1983
Case 261/81is an
EU law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
case, concerning the
free movement of goods
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in the European Union.
Facts
A Belgian law required
margarine
Margarine (, also , ) is a Spread (food), spread used for flavoring, baking, and cooking. It is most often used as a substitute for butter. Although originally made from animal fats, most margarine consumed today is made from vegetable oil. The ...
to be marketed in
cube
A cube or regular hexahedron is a three-dimensional space, three-dimensional solid object in geometry, which is bounded by six congruent square (geometry), square faces, a type of polyhedron. It has twelve congruent edges and eight vertices. It i ...
shaped packages, to avoid confusion with butter. This was applied to all kinds, domestic and imports. Walter Rau argued that the law contravened (what is now)
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...
article 34.
Judgment
The ECJ held that the measure was not lawful. In principle packaging requirements to prevents consumers being confused would be justified. But it must be ‘also necessary for such rules to be proportionate to the aim in view.’
[Case 261/81 Walter Rau Lebensmittelwerke v De Smedt PVBA 983ECR 3961]
See also
* ''
Canadian Federation of Agriculture v Quebec (AG)'': Canadian case on banning margarine
* ''
McCray v. United States'': US case on margarine food coloring
*
European Union law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
Notes
References
*
European Union goods case law
1983 in case law
1983 in Belgium
Food law
Margarine
Food packaging
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