Opinion of Advocate General Gulmann delivered on 15 March 1994

1 Original language: Danish.

2 OJ, English Special Edition 1969 (II), p. 599. Apart from the adjustments made necessary as a result of the accession of new Member States to the Community, the directive has not been amended.

3 At the hearing the defendant in the main proceedings stated that technical developments have now made it possible to produce crystal glass products without using lead and that such glass can be of high quality.

4 The Danish version of the directive is certainly incorrect in this respect since, unlike the versions in all the other languages, it refers only to language and not languages. The provision cited here is the correct version.

5 The German undertaking stated at the hearing that, like other undertakings in the sector, it has hitherto affixed to the goods the descriptions specified in column (c) in German, French and Enghsh.

6 The questions are in Dutch but use the French and German texts of the directive.

7 See for example Joined Cases 80/77 and 81/77 Commissionnaires Réunis [1978] ECB. 927.

8 Case C-315/92 Clinique Laboratories [1994] ECU I-317.

9 See for example Case C-238/89 Pall Corp. [1990] ECR I-4827, paragraphs 11 and 12.

10 Piageme [1991] ECR I-2971.

11 See for example Case 120/78 REWE (Cassis de Dijon) [1979] ECR 649.

12 OJ 1991 L 175, p. 35.

13 OJ 1988 L 187, p. 1. Article 11(5) of the directive provides: Annex IV sets out the warnings and indications of precautions to be taken during use that have to be given for certain toys. Member States may require that these warnings and precautions, or some of them, together with the information specified in paragraph 4, be given in their own national language or languages when the toys are placed on the market.

14 OJ 1992 L 113, p. 8. Article 8 provides: The package leaflet must be written in clear and understandable terms for the patient and be clearly legible in the official language or languages of the Member State where the medicinal product is placed on the market. This provision docs not prevent the package leaflet being printed in several languages, provided that the same information is given in all the languages used.

15 Council Directive 79/112/EEC of 18 December 1978, OJ 1979 L 33, p. 1. Article 14 provides: ... The Member States shall, however, ensure that the sale of foodstuffs within their own territories is prohibited if the particulars provided in Article 3 and Article 4(2) do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed. This provision shall not prevent such particulars from being indicated in various languages.

16 OJ 1992 C 94, p. 217, recital V. Point I 10 (c) (gg) of the Resolution concerning food labelling calls on the Commission to make it compulsory for all information which must be provided obligatorily or which is of use to the consumer to be given in the consumer's language in accordance with EC legislation in force, and where applicable, national legislation, taking into account the linguistic features of the area in which the product is sold.

17 OJ 1993 C 95, p. 7.

18 See the final report on Current principles and provisions concerning language demand for consumer related legislation within the European Community drawn up by the Bureau Européen des Unions de Consommateurs in August 1993.

19 In Belgium the description is Kristallinglas.

20 The corresponding descriptions in the other languages are: Categoiy 1 Category 2 English Full lead crystal 30% Lead crystal 24% Danish Krystal 30% Krystal 24% Spanish Cristal superior 30% Cristal al plomo 24% Portuguese Cristal de chumbo superior 30% Cristal de chumbo 24% Greek (transliterated Latin characters) Cristalla ipsiüs periaektikotitos cae molivdo Molivduh(r)a cristalla Category 3: Category 4: English Crystal glass, crystallin Crystal glass, crystallin Danish Krystallin Krystallin Spanish Vidrio sonoro superior Vidrio sonoro Portuguese Vidro sonoro superior Vidro sonoro Greek (transliterated into Latin characters) Ialocristalla Ialocristalla

23 In such a case it must be regarded as sufficient to require that a language be used whose spelling differs only slightly from that of the consumer.

24 It is also possible that the same considerations might to a certain, albeit more limited degree, be voiced regarding the English description crystal glass, crystallin.

25 It is perhaps appropriate to state in tin's connection that in a number of the circumstances covered by the requirement in the directive there can hardly be any doubt that corresponding requirements, if laid down by national rules, would be contrary to Article 30. If, for example, Danish authorities were to require with regard to imports of French category 3 goods that the description on the French goods should be changed from cristallin to krystallin or if the Portuguese authorities were to require that Spanish category 3 goods should be described as vidro sonoro and not vidrio sonoro, that would almost certainly constitute an infringement of Article 30.