Keywords
Summary

Keywords

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Obligation to include a notification number on the labelling of foodstuffs containing nutrients - Not permissible - Justification - Protection of public health - None

(EC Treaty, Art. 30 et seq. (now, after amendment, Art. 28 EC et seq.)

Summary

$$A Member State which lays down, in legislation concerning the placing on the market of nutrients and foodstuffs to which nutrients have been added, an obligation to indicate on the labelling of the foodstuffs containing nutrients the notification number at the national inspection service for foodstuffs fails to fulfil its obligations under Article 30 of the Treaty (now, after amendment, Article 28 EC) et seq.

Such an obligation is of a nature such as to hinder intra-Community trade, since it may force the importer to alter the packaging of his products on the basis of the place where they are marketed and therefore to incur additional packaging and labelling costs. Even if the presence of a notification number provides consumers with an assurance that a file has been notified to the competent authorities, that information is not capable of enabling them to decide whether or not they should consume the product and, if they do consume it, in what quantities. It is not sufficiently useful to them for its inclusion to be fully justified on grounds of the protection of public health. Furthermore, the measure is not necessary for the protection of public health, since the labelling includes other data which are equally useful information in that respect.

( see paras 17, 26, 29-30 and operative part )