Question:
Italy required chocolate products manufactured in other member states that contained vegetable fats other than cocoa butter to be sold in Italy as "chocolate substitutes." The Commission claimed that Italy had failed to fulfill its obligation under Article 30 of the EC treaty and Council Directive 73/241/ EEC of July 24, 1973, which permitted the use of vegetable fats other than cocoa butter in chocolate products. The Commission stated that chocolate containing vegetable fats other than cocoa butter up to a maximum of 5 percent of the total weight of the product is manufactured under the name "chocolate" in six member states (Denmark, Ireland, Portugal, Sweden, Finland, and the United Kingdom) and that it is accepted under that name in all member states with the exception of Spain and Italy. The Commission considered that it was not possible to claim that the addition of vegetable fats other than cocoa butter to a chocolate product that contains the minimum contents required under Directive 73/241 substantially changed the nature of the product to the point where the use of the name "chocolate" would create confusion as regards its basic characteristics. However, the Italian government refused to change its interpretation of the Directive or the Italian law. What should be the ECJ's holding in this case? Based upon its decision, are the member states required to harmonize their product descriptions regardless of differences between their populations? Why or why not?