Case 53/80 Eyssen [1981] ECR 409

• Netherlands government banned use of a chemical in cheese sold in the Netherlands.

• Eyssen was charged with breaking this ban, and it argued that the restriction was an obstacle to free movement of goods, and as such was an equivalent of quantitative restrictions within Article 28.

• ECJ agreed that the ban did restrict trade, but said it was justified as a measure to protect public health within Article 30. 

ECJ

• Article 30 says that a defence is not valid if it is “a means of arbitrary discrimination or a disguised restriction on trade between MSs” (see Article 30).

• The fact that the ban did not apply to cheeses to be exported did not make it arbitrary, but merely reflects uncertainty over different dietary patterns in different MSs.