The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products
National rules of a EEA State, such as those at stake in the present judgment, under which a State monopoly on the retail sale of alcohol, may refuse to accept for sale alcoholic beverages that are lawfully produced and marketed in another EEA State on the grounds that the labelling of the products...
Published in: | European Journal of Risk Regulation |
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Cambridge University Press (CUP)
2013
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Online Access: | http://dx.doi.org/10.1017/s1867299x00002877 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X00002877 |
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crcambridgeupr:10.1017/s1867299x00002877 2023-05-15T16:51:34+02:00 The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products Alemanno, Alberto 2013 http://dx.doi.org/10.1017/s1867299x00002877 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X00002877 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms European Journal of Risk Regulation volume 4, issue 1, page 101-112 ISSN 1867-299X 2190-8249 Safety Research Law journal-article 2013 crcambridgeupr https://doi.org/10.1017/s1867299x00002877 2022-11-07T16:25:54Z National rules of a EEA State, such as those at stake in the present judgment, under which a State monopoly on the retail sale of alcohol, may refuse to accept for sale alcoholic beverages that are lawfully produced and marketed in another EEA State on the grounds that the labelling of the products contains loaded or unrelated information, are in breach of Article 18 of Directive 2000/13/EC (‘the labelling Directive’ or ‘Directive’), and cannot be justified by a public health objective. Another rule requiring alcoholic beverages to carry stickers stating that their contents are alcoholic, in addition to the mandatory indication of the actual alcoholic strength by volume, ‘cannot be considered effective’ if it has been adopted without regard to the notification procedure laid down in Article 19 of the labelling Directive. However, individuals and economic operators who have been harmed by the incorrect application of the Directive may rely on the free movement of goods in order to render the State liable for the breach of EEA law, regardless of whether such a directive is being made or has been made part of the legal order of Iceland, since it has been incorporated in the EEA Agreement. Failure to notify the second rule in accordance with the Directive qualifies as a sufficiently serious breach of EEA law. Such a breach entails State liability if the national court finds a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured party (author's headnote). Article in Journal/Newspaper Iceland Cambridge University Press (via Crossref) European Journal of Risk Regulation 4 1 101 112 |
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Cambridge University Press (via Crossref) |
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English |
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Safety Research Law |
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Safety Research Law Alemanno, Alberto The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
topic_facet |
Safety Research Law |
description |
National rules of a EEA State, such as those at stake in the present judgment, under which a State monopoly on the retail sale of alcohol, may refuse to accept for sale alcoholic beverages that are lawfully produced and marketed in another EEA State on the grounds that the labelling of the products contains loaded or unrelated information, are in breach of Article 18 of Directive 2000/13/EC (‘the labelling Directive’ or ‘Directive’), and cannot be justified by a public health objective. Another rule requiring alcoholic beverages to carry stickers stating that their contents are alcoholic, in addition to the mandatory indication of the actual alcoholic strength by volume, ‘cannot be considered effective’ if it has been adopted without regard to the notification procedure laid down in Article 19 of the labelling Directive. However, individuals and economic operators who have been harmed by the incorrect application of the Directive may rely on the free movement of goods in order to render the State liable for the breach of EEA law, regardless of whether such a directive is being made or has been made part of the legal order of Iceland, since it has been incorporated in the EEA Agreement. Failure to notify the second rule in accordance with the Directive qualifies as a sufficiently serious breach of EEA law. Such a breach entails State liability if the national court finds a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured party (author's headnote). |
format |
Article in Journal/Newspaper |
author |
Alemanno, Alberto |
author_facet |
Alemanno, Alberto |
author_sort |
Alemanno, Alberto |
title |
The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
title_short |
The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
title_full |
The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
title_fullStr |
The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
title_full_unstemmed |
The HOB–vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products |
title_sort |
hob–vín judgment: a failed attempt to standardise the visual imagery, packaging and appeal of alcohol products |
publisher |
Cambridge University Press (CUP) |
publishDate |
2013 |
url |
http://dx.doi.org/10.1017/s1867299x00002877 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X00002877 |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
European Journal of Risk Regulation volume 4, issue 1, page 101-112 ISSN 1867-299X 2190-8249 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/s1867299x00002877 |
container_title |
European Journal of Risk Regulation |
container_volume |
4 |
container_issue |
1 |
container_start_page |
101 |
op_container_end_page |
112 |
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1766041692386885632 |