1. Approximation of laws — Nutrition labelling of foodstuffs — Directive 90/496 — Reference date for determining the value of a nutrient — End of minimum conservation period — Whether permissible — Determination of permissible differences between the declared value and the value established in the course of an official check — Competence of the Member States — (Council Directive 90/496, Arts 1(4)(k) and 6(8))
2. Approximation of laws — Nutrition labelling of foodstuffs — Directive 90/496 — Breach of the principles of legal certainty and proportionality — None — (Council Directive 90/496, Arts 1(4)(k) and 6(8))
1. Articles 1(4)(k) and 6(8) of Directive 90/496 on nutrition labelling for foodstuffs must be interpreted as meaning that, first, the value of a nutrient such as vitamin C which is indicated on a foodstuff following an analysis of the foodstuff carried out by the manufacturer may correspond to the value of that nutrient in the foodstuff in question at the end of its minimum conservation period and, second, that the determination of the permissible differences between the value stated and the value established in the course of an official check is, in the present state of Community law, within the competence of the Member States.
see para. 41, operative part 1
2. The validity of Directive 90/496 on nutrition labelling for foodstuffs is not called into question by the fact that Articles 1(4)(k) and 6(8) of that directive do not contain precise indications either on the reference date to be taken into consideration for determining the average value of a nutrient contained in a foodstuff or on the extent of the differences tolerated between the declared value and the value established in the course of an official check.
First, far from disregarding the principle of legal certainty, the Community legislature, in accordance with the third paragraph of Article 249 EC, fixed the result to be achieved, namely enabling consumers to choose an appropriate diet inter alia by stating average values which best represent the value of the nutrients in question and take various factors into account, while leaving to the national authorities the choice of form and measures to achieve that result. Second, by thus giving the national authorities a discretion as to the definition both of the reference date for calculating the average value and of the differences tolerated between the declared value and that actually established in the course of an official check, Articles 1(4)(k) and 6(8) of the directive do not contain inappropriate or disproportionate restrictions on the activity of manufacturers of foodstuffs.
see paras 47-49, operative part 2