Judgment — ECLI:EU:C:2004:71
Date: 2004-02-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Concepts: Protection of public health and protection of plants
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
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) 
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SUMMARY — CASE C-95/01 
Articles 28 EC and 30 EC must be inter­
preted as meaning that they do not pre­
clude a Member State from prohibiting the 
marketing without prior authorisation of 
foodstuffs lawfully manufactured and mar­
keted 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 con­
ditions 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) 
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