Keywords
Summary

Keywords

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Prohibition on marketing, without prior authorisation, foodstuffs enriched with nutrients — Justification — Protection of public health — Conditions — (Arts 28 EC and 30 EC)

Summary

Articles 28 EC and 30 EC must be interpreted as meaning that they do not preclude a Member State from prohibiting the marketing without prior authorisation of foodstuffs lawfully manufactured and marketed in another Member State, where nutrients such as vitamins or minerals have been added thereto other than those whose use has been declared lawful in the first Member State, provided that certain conditions are satisfied.

First, the prior authorisation procedure must be readily accessible and capable of being completed within a reasonable time and, if it leads to a refusal, the decision of refusal must be open to challenge before the courts. Secondly, refusal to authorise marketing must be based on a detailed assessment of the risk to public health, based on the most reliable scientific data available and the most recent results of international research.

see para. 50, operative part