User:Sbobillon/sandbox

The Cassis de Dijon Principle — which literally means « Dijon blackcurrant » —, also known as the Cassis de Dijon case, is the name given to the principle of mutual recognition by the Member States of the European Union of their respective regulations, in absence of communitarian harmonisation.

Description
This principle arises from the former article 28 of the EC treaty (now known as article 34 of the TFUE) prohibiting technical protectionist measures, and takes its name from the Cassis de Dijon judgment (case 120/78 of 20 February 1979 of the Court of Justice of the European Union (CJEU)). Germany had prohibited Dijon’s blackcurrant liquor’s importation to a German importer, on the grounds that its alcohol content was lower to the minimum level required by German law. The Court maintained that since this liquor was legally produced and sold in France, German legislation was restraining the free flow of goods ; a restriction which was, in this case, not justified by general interest (see below). Indeed, an alcohol content lower than the one tolerated by the nation’s legislation cannot harm the general interest.

It should be noted that this principle is not absolute and a State can introduce technical restrictions when a non-economic general interest, for example health, requires it (article 36 of the TFUE), or whenever it is necessary for a « compelling reason to the general interest » different from those enumerated in the previously quoted article 36, for example consumer protection, (judgement C-366/04 of 24 November 2005, Schwarz, paragraph 30 and 31). However, this restriction has to be necessary and proportional, the proof’s charge weighing on the Member State: which has to establish that the restriction is limited to what is actually necessary to safeguard the general interest (judgment 178/84 of 12 March 1987, Commission/Germany, paragraph 44).

Extract
« In absence of a common regulation on alcohol’s production and marketing, it is the responsibility of the Member States to each one sort out, on its territory, everything concerning in the production and marketing of alcohol and spirits drinks […] There is no valid reason to prevent alcoholic beverages from being introduced in any other Member State, provided that they are legally produced and marketed in one of the Member States. »

Applicability outside of the EU
The CJEU’s jurisprudence applies to the European Free Trade Association’s (EFTA) members, who are signatories of the European Economic Area agreement, even though the latter also has its own Court.

Switzerland, an EFTA member but not a member of the European Economic Area, however has adopted the principle in an unilateral way (autonomous application) as part of the revision of the Federal Law on the Technical Barriers to Trade (TBT) in 2010.

According to EC and Turkey Customs Union, the Cassis de Dijon Principle also applies to Turkish products in the EEA and to EEA products in Turkey.

Protected geographical indication
It has to be noted that since the 22d of January 2015 the Crème de cassis de Bourgogne (and not de Dijon) has obtained the protected geographical indication (PGI).