Luxembourg, 06/12/2001 (Agence Europe) - Advocate General Alber proposes that the European Court of Justice condemn Spain and Italy for violation of the EC Treaty as they prohibit chocolate products containing vegetable fats in addition to cocoa butter being marketed under the name "cocoa", says a Court press release. The Italian and Spanish regulation compels manufacturers established in other Member States to alter the composition of their products lawfully manufactured in other Member States under the name "chocolate" if they wish to market them in Italy and Spain under the name "chocolate". The Advocate General does not accept that the impediment to the free movement of goods is justified by the considerations relating to consumer protection put forward by Italy and Spain. The prohibition on marketing those products under the name "chocolate" and the possibility of marketing them as "chocolate substitute" were indeed apt to save Spanish and Italian consumers from error. However, the prohibition was not the least stringent means by which consumers could be protected from being informed of the fact that the product also contained vegetable fats in addition to cocoa butter. In cases based on similar facts concerning a product's composition the Court has considered labelling to be sufficient for safeguarding the interests of consumers, the press release stipulates. The Advocate General concludes that the Spanish and Italian regulations are disproportionate in relation to the goal sought, and, "whence, not capable of justifying the restriction on the free movement of goods established.
The press release notes that this case is being dealt with in relation to the 1973 directive which does not determine to what extent products which, in addition to cocoa butter, also contain other vegetable fats might be marketed under the name "chocolate", but, on the other hand, there is a provision in the 2000 directive (applicable only from 2003) permitting the addition of other vegetable fats at a rate not exceeding 5%.