ECJ Approximation of laws – Food supplements – Directive 2002/46/EC – Prohibition on trade in products not complying with the directive – Validity – Legal basis – Article 95 EC – Articles 28 EC and 30 EC – Regulation (EC) No 3285/94 – Principles of subsidiarity, proportionality and equal treatment – Right to property – Freedom to pursue an economic activity – Obligation to state reasons).
The applicants complained that the Directive on food supplements was unlawful or invalid.
Held: The object of the directive was to ensure uniformity, and as that was itself a proper aim insofar as the contrary would work against the free movement of products within the EEC. Given the need for public safety, it was proportionate to limit the free trade in food supplements to those for which there was sufficient data for a favourable opinion to be given.
As to EU measures establishing authorisation procedures, for example for the use of particular substances, the court will require that the procedures reflect principles of sound administration and legal certainty: ‘Such a procedure must be accessible in the sense that it must be expressly mentioned in a measure of general application which is binding on the authorities concerned. It must be capable of being completed within a reasonable time. An application to have a substance included on a list of authorised substances may be refused by the competent authorities only on the basis of a full assessment of the risk posed to public health by the substance, established on the basis of the most reliable scientific data available and the most recent results of international research. If the procedure results in a refusal, the refusal must be open to challenge before the courts.’
Citations:
C-154/04, [2005] EUECJ C-154/04, C-155/04, [2005] EUECJ C-155/04, Times 15-Jul-2005
Links:
Statutes:
Cited by:
Cited – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Lists of cited by and citing cases may be incomplete.
European, Commercial
Updated: 01 July 2022; Ref: scu.228447