eter Oldekop, Legal Advisers to the E.C. Commission, for the
E.C. Commission as amicus curiae.
• The Belgian Government also submitted a written brief.
The following cases were referred to by the Advocate General in his submissions:
Page1
• 1. ETS Consten & Grundig-Verkaufs-GmbH v. EEC Commission (56/64, 58/64), 13 July 1966:
[1966] C.M.L.R. 418, 12 Recueil 429.
• 2. Sociaal Fonds voor de Diamantarbeiders v. SA Ch. Brachfeld & Sons and Chougal
Diamond Co. (2-3/69), 1 July 1969: [1969] C.M.L.R. 335, 15 Recueil 211.
• 3.
Deutsche Grammophon Gesellschaft mbH v. Metro-SB-Gross-Märkte GmbH & Co. KG
(78/70), 8 June 1971: [1971] C.M.L.R. 631, 17 Recueil 487.
The following further cases were cited in argument:
• 4. Beguelin Import Co. v. G. L. Import-Export SA (22/71) 25 November 1971: [1972] C.M.L.R.
81, 17 Recueil 949.
• 5. International Fruit Company NV v. Produktschap voor Groenten en Fruit (51-54/71), 15
December 1971: 17 Recueil 1107.
• 6. SIRENA Srl v. Eda Srl (40/70), 18 February 1971: [1971] C.M.L.R. 260, 17 Recueil 69.
• 7. FA August Stier v. Hauptzollamt Hamburg-Ericus (31/67), 4 April 1968: [1968] C.M.L.R.
222, 14 Recueil 347.
• 8. Re Export Tax on Art Treasures (No. 1): E.C. Commission v. Italy (7/68), 10 December
1968: [1969] C.M.L.R. 1, 14 Recueil 617.Table of proceedings PageSubmissions of Traducchi A.G., 20 June1974...
440Judgment of the European Court (LordMackenzie Stuart J.), 11 July 1974...453
Arrêt of the European Court, 11 July 1974... 455
Facts
According to the Belgian Act of 18 April 1927, recognition of designations of origin is subject to adeclaration to the Belgian Government by the Government concerned that such designations of origin
are officially and definitively adopted.Section 1 of Royal Decree 57 of 2 December 1934 provides that it is prohibited, on pain of penal
sanctions, to import, sell, display for sale, have possession of or transport for the purposes of sale ordelivery, spirits bearing a designation of origin duly adopted by the Belgian Government when such
spirits are not accompanied by any official document certifying their right to such designation.The designation of origin 'Scotch whisky' has been duly adopted by the Belgian Government.In 1970, Gustave Dassonville, a wholesaler in business in France, and his son Benoît Dassonville,who manages a branch of his father's business in Belgium, imported into Belgium 'Scotch whisky'under the brand names 'Johnnie Walker' and 'Vat 69', which Gustave Dassonville had purchased from
the French importers and distributors of these two brands of whisky.
On the bottles, the Dassonvilles affixed, with a view to their sale in Belgium, labels bearing inparticular the printed words 'British Customs Certificate of Origin,' followed by a hand-written note of
the number and date of the French excise bond on the permit register. This excise bond constituted
the official document which, according to French rules, had to accompany a product bearing a
designation of origin. France does not require a certificate of origin for 'Scotch whisky.'
Although the goods were duly imported into Belgium on the basis of the French documents required
and cleared for customs purposes as 'Community goods,' the Belgian authorities considered thatthese documents did not properly satisfy the objective envisaged by Royal D
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