Conditions for Implementing State Liability: Brasserie du Pêcheur / Factortame III

Abstract

In Commission v. Germany, also known as the Beer Purity case, Germany was found to be in breach of Art. 30 EEC [ex Art. 28 TEC; now Art. 34 TFEU], because German legislation prohibited the import of beer which failed to meet the Reinheitsgebot (Purity Requirement) pursuant to Arts. 9 and 10 Biersteuergesetz (German Beer Taxation Act). According to this act it was forbidden to place on the market in Germany any beverage described as Bier if it consisted of ingredients other than water, hops, malt and yeast. Although in the wake of the judgment, the national provision conflicting with the free movement of goods in the Community was promptly revised, up to that point beer producers in the Member States had been excluded from exporting their product to the German market.