Opinion of Advocate General Darmon delivered on 10 March 1994

1 Original language: French.

2 OJ 1979 L 33, p. 1.

3 Joined Cases C-320, 321 and 322/90 [1993] ECR I-393. See also the Orders in Case C-157/92 Banchero [1993] ECR I-1085 and Case C-386/92 Monin Automobiles [1993] ECR I-2049.

4 Case C-316/93 [1994] ECR I-763.

5 Paragraph 13.

6 Case 8/74 [1974] ECR 837, at paragraph 5.

7 Joined Cases C-267/91 and C-268/91 [1993] ECR I-6097.

8 Paragraph 16.

9 Paragraph 15, my emphasis.

10 See in this regard the judgment in Cassis de Dijon: Case 120/78 Rewe-Zentral [1979] ECR 649, at paragraph 8.

11 Case 237/83 Jongeneel Kaas [1984] ECR 483, at paragraph 13.

12 Case 130/80 [1981] ECR 527, at paragraph 7; see also the judgment in Case 94/82 De Kikvorsch [1983] ECR 947, at paragraph 8.

13 Case 5/77 [1977] ECR 1555. See also, in this regard, the judgments in Case 35/76 Simmentkal [1976] ECR 1871, at paragraph 36, and Case 251/78 Denkavit [1979] ECR 3369, at paragraph 14.

14 Paragraph 35.

15 Paragraph 5.

16 Joined Cases C-13 and 113/91 [1992] ECR I-3617.

17 Paragraph 12. See also, in this regard, the judgment in Case C-196/89 Nespoli and Crippa [1990] ECR I-3647, paragraph 14.

18 Case C-205/89 [1991] ECR I-1361.

19 Paragraph 9.

20 Case 104/75 [1976] ECR 613. See also the judgment in Case 54/85 Mirepoix [1986] ECR 1067, at paragraph 13, and the judgment in Case C-42/90 Bellon [1990] ECR I-4863, at paragraph 11.

21 Paragraph 16.

22 Paragraph 17.

23 Paragraph 40 of judgment in Case 227/82 Van Bennekom [1983] ECR 3883.

24 Footnote 15, above. See also the most recent relevant judgment, in Case C-315/92 Clinique and Estéé Lander [1994] ECR I-317.

25 Paragraph 30 and the operatíve part of the judgment.

26 Page 14 of the French translation of the submissions lodged by the defendant in the main action (p. 10 of the original).

27 Case 97/83 [1984] ECR 2367.

28 Paragraph 18, last sentence.

29 Case 178/84 [1987] ECR 1227.

30 Paragraph 52.

31 See in particular the eighth recital.

32 Council Directive of 14 June 1989 amending Directive 79/112/EEC on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1989 L 186, p. 17).

33 For the sake of completeness, it should be noted that Commission Directive 93/102/EC of 16 November 1993, amending Directive 79/112ÆEC, extended the list of products covered by Annex II and prohibits trade in products which do not comply with effect from 30 June 1996 (OJ 1993 L 291, p. 14).

34 Case 27/80 [1980] ECR 3839; see also in this regard paragraph 10 of the judgment in De Kikvorsch, cited in footnote 11, above.

35 Paragraph 10.

36 Case C-39/90 Denkavit [1991] ECR I-3069, at paragraph 19.

37 See Article 6(3)(b) of the Proposal for a Council Directive on the approximation of the laws of Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1976 C 91, p. 3).

38 Paragraph 15 of the judgment in Case 15/83 Denkavit Nederhnd [1984] ECR 2171, in which Article 34 of the EEC Treaty had been relied upon.

39 See citations above, in footnote 35.

40 Council Directive of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption (OJ, English Special Edition 1963-4, p. 99).

41 Written Question E-2673/93 (OJ 1994 C 46, p. 57).

42 Paragraph 24.