Case Law of the Brasserie Du Pecheur
Brasserie du Pêcheur SA v Federal Republic of Germany
Brasserie du Pêcheur SA is a French brewery. Until
1981, it exported beer to the Federal Republic of Germany. In late 1981, however, it was forced to discontinue the exports.
Federal Republic of Germany objected that the
beer Brasserie produced did not comply with the German Reinheitsgebot (purity requirement) laid down in the Biersteuergesetz (Law on Beer Duty).
Article 34 of TFEU (Art. 28 of TEC)
Quantitive restriction on imports and all measure having equivalent effect shall be prohibited between Member States.
Germany Claimed..
ECJ Replied…
• Right to damages could The recognition of only be created by reparation right is a legislation matter of Treaty interpretation, which falls • State liability rules are within its own jurisdiction, widely developed by pursuant to Article 220 of court in many national EC Treaty. legal systems
Article 220 of EC Treaty (Art.19 of TEU)
(…)It shall ensure that in the interpretation and application of the Treaties the law is observed. Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union Law.
German Government Referred To..
§ Paragraph 839 of the German Civil Code: ‘If an official willfully or negligently commits a breach of official duty incumbent upon him as against a third party, he shall compensate the third party for any damage arising therefrom.ʹ′ § Article 34 of the German Basic Law: ʹ′If a person infringes, in the exercise of a public office entrusted to him, the obligations incumbent upon him as against a third party, liability therefore shall attach in principle to the State or to the body in whose service he is engaged.ʹ′
ECJ Replied…
In case of Infringe of EU Law, it is important that
to see Member State as a whole. It is not possible to allocate legislation, implementation and estimation in terms of liability.
Germany Claimed.. Member
Brasserie du Pêcheur SA is a French brewery. Until
1981, it exported beer to the Federal Republic of Germany. In late 1981, however, it was forced to discontinue the exports.
Federal Republic of Germany objected that the
beer Brasserie produced did not comply with the German Reinheitsgebot (purity requirement) laid down in the Biersteuergesetz (Law on Beer Duty).
Article 34 of TFEU (Art. 28 of TEC)
Quantitive restriction on imports and all measure having equivalent effect shall be prohibited between Member States.
Germany Claimed..
ECJ Replied…
• Right to damages could The recognition of only be created by reparation right is a legislation matter of Treaty interpretation, which falls • State liability rules are within its own jurisdiction, widely developed by pursuant to Article 220 of court in many national EC Treaty. legal systems
Article 220 of EC Treaty (Art.19 of TEU)
(…)It shall ensure that in the interpretation and application of the Treaties the law is observed. Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union Law.
German Government Referred To..
§ Paragraph 839 of the German Civil Code: ‘If an official willfully or negligently commits a breach of official duty incumbent upon him as against a third party, he shall compensate the third party for any damage arising therefrom.ʹ′ § Article 34 of the German Basic Law: ʹ′If a person infringes, in the exercise of a public office entrusted to him, the obligations incumbent upon him as against a third party, liability therefore shall attach in principle to the State or to the body in whose service he is engaged.ʹ′
ECJ Replied…
In case of Infringe of EU Law, it is important that
to see Member State as a whole. It is not possible to allocate legislation, implementation and estimation in terms of liability.
Germany Claimed.. Member