Commission v. Germany (German Beer)
European Union Court of Justice
Cases 178/84, E.C.R. 1987, 37 (1987)
- Written by Elliot Stern, JD
Facts
In Germany (defendant), the sale of beer containing any additives was prohibited by the German beer law (the law). The law did not provide a means for traders to obtain authorization to use a specific additive in beer. Additionally, the law banned the use of additives in beer that Germany permitted in connection with other foods. The European Commission (the commission) (plaintiff) brought an enforcement action against Germany, alleging that the law violated the Treaty of Rome’s prohibition on a European Union (EU) member state restricting imports from other EU member states. Germany conceded that the law could constitute an obstacle to the importation of beer from other member states. However, Germany argued that the law was justified on the grounds of public health due to the need to protect Germans from the potential health risks associated with additives to beer.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
