Opinion of the Advocate General — ECLI:EU:C:2003:119
Date: 2003-02-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — Prohibition on marketing of energy drinks containing caffeine in excess of a 
certain limit — Whether justified — Protection of public health — justification not 
demonstrated 
(Arts 28 EC and 30 EC) 
I - 6445 
SUMMARY — CASE C-420/01 
A Member State fails to fulfil its obligations 
under Articles 28 EC and 30 EC if it applies 
to drinks produced and marketed in other 
Member States a rule prohibiting the mar­
keting within its territory of energy drinks 
containing caffeine in excess of a certain 
limit, without showing that that limit is 
necessary and proportionate for the pro­
tection of public health. 
(see para. 36, operative part) 
I - 6446