Walter Rau Lebensmittelwerke v De Smedt PVBA

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Walter Rau Lebensmittelwerke v De Smedt PVBA
FD 2a.jpg
Court European Court of Justice
Citation(s) (1983) Case 261/81
Keywords
Free movement of goods

Walter Rau Lebensmittelwerke v De Smedt PVBA (1983) Case 261/81 is an EU law case, concerning the free movement of goods in the European Union.

Facts[edit]

A Belgian law required margarine to be marketed in cube shaped packages, to avoid confusion with butter. This was applied to all kinds, domestic and imports. Walter Rau argued that the law contravened (what is now) TFEU article 34.

Judgment[edit]

The ECJ held that the measure was not lawful. In principle packaging requirements to prevents consumers being confused would be justified. But it must be ‘also necessary for such rules to be proportionate to the aim in view.’

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