EUROPE &#8211, The European Court of Justice has overturned French legislation which prohibits cheese from being sold under the label ‘Emmenthal’ if no rind exists.

The ruling came after Mr Guimont, the technical director of Laiterie d’Argis, was fined FF5,200 (7,956 euro) by French Authorities for selling Emmenthal cheese without rind. Contesting the decision, he claimed that Emmenthal is produced in a number of countries within the EU without any requirement for a rind. Therefore, the French court had imposed a quantitative restriction on intra-Community trade and such a restriction was a violation on the free movement of goods guaranteed under the European Union law.

After an investigation by the Court it appeared that, in accordance with international rules, cheese without a rind may be given the name Emmenthal where it is made from ingredients identical to those used for Emmenthal with rind. In addition, identical manufacturing methods must be adhered to, except for the variation in treatment at the maturing stage. Consumers must be made aware of the difference, however, through on-pack labelling.

The Court ruled that Community law precludes the French legislation in question.