Judgment_paragraph 24 · SMW Winzersekt GmbH v Land Rheinland-Pfalz (C-306/93)

24So far as concerns the impairment of the freedom to pursue a trade or profession, the second and third subparagraphs of Article 6(5) of Regulation No 2333/92 do not impair the very substance of the right freely to exercise a trade or profession relied on by Winzersekt since those provisions affect only the arrangements governing the exercise of that right and do not jeopardize its very existence. It is for that reason necessary to determine whether those provisions pursue objectives of general interest, do not affect the position of producers such as Winzersekt in a disproportionate manner and, consequently, whether the Council exceeded the limits of its discretion in this case.

SMW Winzersekt GmbH v Land Rheinland-Pfalz (C-306/93)

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