Walter Rau Lebensmittelwerke v De Smedt PVBA

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 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 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.’

Case 261/81 Walter Rau Lebensmittelwerke v De Smedt PVBA ECR 3961

See also

Canadian Federation of Agriculture v Quebec (AG): Canadian case on banning margarine McCray v. United States: US case on margarine food coloring European Union law

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