ECJ Judgment – Free movement of goods – Articles 28 EC and 30 EC – Prohibition on marketing foodstuffs to which vitamins and minerals have been added – Justification – Proportionality
In a case concerned with an authorisation scheme designed to protect public health, the court may require it to ensure that authorisation could be refused only if a genuine risk to public health was demonstrated by a detailed assessment using the most reliable scientific data available and the most recent results of international research.
Such an assessment could reveal uncertainty as to the existence or extent of real risks, and that in such circumstances a member state could take protective measures without having to wait until the existence and gravity of those risks were fully demonstrated.
Citations:
C-95/01, [2004] 3 CMLR 33, [2004] EUECJ C-95/01, [2004] ECR I-1333
Links:
Jurisdiction:
European
European
Updated: 10 June 2022; Ref: scu.193849