Proportionate - Walter Rau Lebensmittelwerke V De Smedt Pvba

  • Created by: channyx
  • Created on: 21-03-20 16:08

The ECJ considered several questions referred to it by the Regional Court at Hamburg under the Treaty of Rome 1957 Art.177 for a preliminary ruling. The case concerned the interpretation of Art.30 EC. Here a contract sale between a German and a Belgian company provided for a large quantity of margarine packaged in a particular shape, namely a truncated cone.

It was a term of the contract that the German undertaking warranted that the margarine which it supplied could be marketed by virtue of the application of the EC Treaty on…


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