The lack of rind cannot be regarded as a characteristic justifying a refusal to allow the name "Emmenthal" to be used for cheeses from other Member States where they have been lawfully manufactured and marketed under that name.
Mr Guimont, the technical director of the "Laiterie d'Argis" company, was ordered on 6 January 1998 by the Directorate for Competition, Consumer Affairs and Prevention of Fraud of the Department of Vaucluse to pay 260 fines of FRF 20 each for holding for sale, selling or offering for sale Emmenthal without rind.
French legislation (a 1988 decree) lays down very precise conditions, in particular the presence of rind, for a cheese to be allowed to be called "Emmenthal".
The Tribunal de Police (Local Criminal Court), Belley, before which Mr Guimont made a formal objection to payment of those fines, asked the Court of Justice of the European Communities whether the French legislation was compatible with the free movement of goods.
The Court found, first, that the question did indeed need to be answered, since that legislation was capable of applying to imported products and, in certain cases, of constituting a quantitative restriction on intra-Community trade or a measure having equivalent effect.
The Court therefore went on to analyse whether the legislation in question was necessary in order to satisfy overriding requirements relating, in particular, to fair trading and consumer protection. It also examined whether the rules imposed were proportionate to those objectives and whether they might not be achieved by measures less restrictive of trade.
A Community directive on the labelling and presentation of foodstuffs authorises Member States to adopt such provisions only under those conditions.
It appears, according to international rules in force (Codex alimentarius of the United Nations) and the practice of several Member States, that a cheese without rind may be given the name "Emmenthal" where it is made from ingredients and in accordance with a method of manufacture identical to those used for Emmenthal with rind, save for a difference in treatment at the maturing stage, which it is sufficient to indicate in an appropriate manner for ensuring that consumers are informed.
In those circumstances, the Court considers that Community law precludes the French legislation in question.
The Court adds that the national court hearing the case will have to consider whether national goods must be given the same treatment as that to be given to imported goods.
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