Economics 3366A/B Study Guide - Quiz Guide: Durum, Subsidiarity, Liqueur
23 Sep 2020
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Based on seemingly neutral criteria, they impose the same burden in law on domestic and imported products, but different in fact. Compliance with art 34 of a german rule that required all fruit liqueurs to have an alcoholic content of 25%. Question was whether this was legal under art 34. French liqueur which was 15%, so germany banned the sale of this liqueur. The rule was indistinctly applicable as it was applied to all spirits, but have a different effect on imported ones. Rule seemed neutral, but had to consider its effect. Ms are refrained from imposing extra requirements on products. Both were rejected by the court and they decided to stick to what they said. There is a presumption of legality under this principle; there is a presumption that they can be marketed in all the. Ms. germany was supposed to accept french standards of fruit liqueurs.
