''Walter Rau Lebensmittelwerke v De Smedt PVBA'' (1983
Case 261/81is 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
A Belgian law required
margarine to be marketed in
cube 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 Establishi ...
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 ]983
Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
ECR 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
Notes
References
*
European Union goods case law
1983 in case law
1983 in Belgium
Food law
Margarine
Food packaging
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