Keywords
Summary

Keywords

++++

1. Free movement of goods ° Quantitative restrictions ° Measures having equivalent effect ° Microbiological requirements applicable to food products ° Absence of Community rules ° Powers of the Member States ° Limits

(EEC Treaty, Arts 30 and 36)

2. Actions against Member States for failure to fulfil obligations ° Proof of failure ° Burden of proof incumbent upon the Commission

(EEC Treaty, Art. 169)

Summary

1. Where the data available at the present stage of scientific research do not make it possible to determine with certainty the number of pathogenic micro-organisms above which a food product represents a danger to health, in the absence of harmonization in this field, it is for the Member States to determine, with due regard to the requirements of the free movement of goods, the level at which they wish to ensure that human life and health are protected.

2. Under the procedure laid down in Article 169 of the Treaty, it is incumbent upon the Commission to prove that an obligation has not been fulfilled.