Comercial Jurcdiction and Its Influence on Precedents Essays

2826 Words Apr 14th, 2015 12 Pages
Commercial Jurisdiction and its Influence on Precedents

1. Introduction

“Cassis de Dijon” is one of the most significant cases from historical reference, which laid out jusidictional precedent about commercial jurisdiction. This case has been used as an example for courts to reference every since.

Cassis de Dijon is a French liquor manufactured from black currants. Cassis contains 15%-20% alcohol and the German standards prescribed 25%. For the Germans, the percentage of alcohol became a problem as it wasn’t their standards.

This case has been very important and has been used as precedent in similar cases that have taken place in the future. Similar cases will be mentioned as well as the concequences and
…show more content…
The German government argued the validity of its regulation primarily on health grounds, claiming that the law existed to avoid the proliferation of alcoholic beverages within the German market. It argued that beverages with low alcoholic content induce a tolerance toward alcoholism more so than highly alcoholic beverages. Germany also offered a consumer protection justification claiming there was a need to protect consumers from unfair producer and distributor practices. In its final argument, the German government argued that the elimination of the import ban would mean that one country could set the standards for all Member States, thus making a lowering of standards throughout the European Union.

After the case was brought inside the German courts, the European Court of Justice ruled that because Cassis met French standards, it could not be kept out of the German market.

The European Court rejected the German health argument as unconvincing and dismissed the its consumer protection justification. After rejecting the German defense claims, the Court spelled out the general principle, which is now the most famous part of the ruling: "There is therefore no valid reason why, provided that they have been lawfully produced and marketed in one of the Member States, alcoholic beverages should not be introduced into any other Member State."

The Court ruled that barriers to trade were allowed only to satisfy mandatory requirements

Related Documents