The European Court of Justice has rendered our Weights and Measures Acts 
practically powerless. It forces mainland EU-countries to accept British units 
in the name of the sacred principle of 'free movement of goods'. I had to read 
this in the Irish Times yesterday. The British company Diageo sells 1/2 gill 
bottles of Bailey's Irish Cream on the European mainland and may continue to so 
so in the future. I wonder when the pint, the gallon, the fifth and the fl.oz. 
will appear on what Diageo sells on the European mainland. EU legislation on 
measuring units is now (in)definitely laughable. Chapeau, European Court! I 
would nominate it to the BWMA 
for the Inch Perfect Award.

Diageo toasts court ruling on Baileys minis
Jamie Smyth in Brussels

Diageo's successful "Baileys minis" series of single measure drinks can remain 
on sale in continental Europe following a ruling yesterday by Europe's highest 
court.

The European Court of Justice (ECJ) dismissed an argument by a German drinks 
association, which was supported by the French and Belgian governments, that 
the small measurements used by Diageo for the Baileys minis series contravened 
EU law.

The case is the latest instalment in a long-running battle over the imperial 
units of measurement used in the Republic and the UK and the metric 
measurements commonly used in continental Europe.

On the continent the standard spirit measurements are 0.05 litres and 0.1 
litres. But Baileys minis are sold in 0.071 litre bottles, which in imperial 
measure is half a gill - the traditional unit of measurement in the Irish 
drinks industry. However, German spirits industry association Schutzverband der 
Spirituosen-Industrie took a case in the German courts arguing that this 
measurement ran counter to an EU regulation dating from 1974. It wanted to ban 
the import and marketing of Baileys minis. The German court referred the legal 
question to the ECJ for its interpretation of European law regarding units of 
measurement.

In its ruling yesterday the ECJ found that "pre-packages with a nominal volume 
of 0.071 litres" which are "lawfully manufactured and marketed" in the Republic 
or the UK may also be sold in other EU countries.

The court concluded that to prohibit the sale of goods in volumes of 0.071 
litres that are lawfully marketed in the Republic and the UK would be contrary 
to the free movement of goods, a core principle within the 27 member EU.

The court also noted that other EU directives require that the volume of liquid 
must be clearly marked on the packaging, ensuring that consumers in continental 
Europe would be properly informed of the precise volume.

Diageo has been selling its miniature bottles of Baileys' liquor in Germany 
since 2004. It uses the same size in France, the Netherlands, Belgium and 
Greece and has experienced considerable success with the marketing initiative.

The court's finding in favour of Diageo reflects a trend in Europe towards 
compromise on the thorny issue of different units of measurement. After a 
10-year fight with the Republic and the UK over converting to metric 
measurements, last month the European Commission finally granted a derogation 
to the states to enable them to continue using specific imperial standards such 
as "the pint" indefinitely.

© 2007 The Irish Times

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