# C_2004118EN.01000301.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/3 |
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30.4.2004

EN

Official Journal of the European Union

C 118/3

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-150/00: Commission of the European Communities v Republic of Austria (1)

1

(Failure of a Member State to fulfil obligations - Articles 28 and 30 EC - Directive 65/65/EEC - Food preparations containing vitamins A, D or K or minerals in the chromate group or containing more than once the daily amount of other vitamins or minerals - Preparations lawfully marketed as food supplements in the Member State of exportation - Preparations classified as medicinal products in the Member State of importation - “Medicinal product” - Obstacle - Justification - Public health - Proportionality)

(2004/C 118/05)

Language of the case: German

In Case C-150/00: Commission of the European Communities (Agent: J. C. Schieferer), with an address for service in Luxembourg v Republic of Austria (Agents: initially H. Dossi and subsequently C. Pesendorfer), with an address for service in Luxembourg, supported by the Kingdom of Denmark (Agent: J. Molde), with an address for service in Luxembourg, and by the Republic of Finland (Agents: T. Pynnä and E. Bygglin), with an address for service in Luxembourg — application for a declaration that by classifying vitamin and mineral based preparations as medicinal products where the quantity of vitamin compound exceeds the simple daily amount, and, more generally, where those preparations contain vitamins A, D or K or minerals in the chromate group, without stating that the higher amount of vitamins or their vitamin or mineral content poses a serious health risk, the Republic of Austria has failed to fulfil its obligations under Article 28 EC — the Court (Sixth Chamber), composed of: V. Skouris, acting as President of the Chamber, C. Gulmann, J.N. Cunha Rodrigues, F. Macken (Rapporteur) and N. Colneric, Judges; L.A. Geelhoed, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it:

| 1. | Declares that, by automatically classifying as medicinal products vitamin preparations or preparations containing minerals lawfully manufactured or marketed as food supplements in the other Member States if they contain either more vitamins, other than vitamins A, C, D or K, or minerals, other than those in the chromate group, than the simple daily amount of those nutrients, or vitamins A, D or K, regardless of content, the Republic of Austria has failed to fulfil its obligations under Article 28 EC; |
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1.

Declares that, by automatically classifying as medicinal products vitamin preparations or preparations containing minerals lawfully manufactured or marketed as food supplements in the other Member States if they contain either more vitamins, other than vitamins A, C, D or K, or minerals, other than those in the chromate group, than the simple daily amount of those nutrients, or vitamins A, D or K, regardless of content, the Republic of Austria has failed to fulfil its obligations under Article 28 EC;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders the Republic of Austria to pay the costs; |
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3.

Orders the Republic of Austria to pay the costs;

| 4. | Orders the Kingdom of Denmark and the Republic of Finland to bear their own costs. |
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4.

Orders the Kingdom of Denmark and the Republic of Finland to bear their own costs.

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(1)  OJ C 163 of 10.6.2000.

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