''Commission v Germany'' (1987
Case 178/84
is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

case, concerning the free movement of goods in the European Union.

Facts

The Biersteuergesetz (Beer Tax Act, often referred to as the

Reinheitsgebot The ''Reinheitsgebot'' (, literally "purity order") is a series of regulations limiting the ingredients in beer in Germany and the states of the former Holy Roman Empire. The best known version of the law was adopted in Bavaria in 1516 (by Will ...

or Beer Purity Law) originally from 1516, banned marketing of beer with any additives. It also reserved the name ‘Bier’ for malted

barley Barley (''Hordeum vulgare''), a member of the grass family, is a major cereal grain grown in temperate climates globally. It was one of the first cultivated grains, particularly in Eurasia as early as 10,000 years ago. Globally 70% of barley p ...

, hops,

yeast Yeasts are eukaryotic, single-celled microorganisms classified as members of the fungus kingdom. The first yeast originated hundreds of millions of years ago, and at least 1,500 species are currently recognized. They are estimated to constit ...

and

water Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...

only. Maize and rice being used meant the product could not be called ‘Bier’. French brewers claimed the restrictions were protectionist to exclude imported beer. 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.

Notes

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References

*I Murray, ‘German beer law repealed’ (2 June 1990) The Times, the Biersteuergesetz was repealed so that beers from other MSs can be sold in Germany, so long as other ingredients are clearly marked. *HC Heyebrand (1991) 16 ELR 391, argues the court emphasises labelling too much, and that it does not adequately inform consumers. European Union goods case law 1987 in case law Alcohol law in Germany German beer culture France–Germany relations 1987 in Germany

Facts

Judgment

See also

Notes

References