Case C-270/02: Action brought on 24 July 2002 by the Commission of the European Communities against the Italian Republic
Date: 2002-09-14
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, consumer information, foodstuff, market approval, marketing

C 219/8

EN

Official Journal of the European Communities

14.9.2002

Action brought on 23 July 2002 by the Commission of
the European Communities against the French Republic

2002 by the Commission of the European Communities,
represented by C. Durand and R. Amorosi, acting as Agents.

(Case C-269/02)

(2002/C 219/13)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 23 July
2002 by the Commission of the European Communities,
represented by D. Martin, acting as Agent, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Council Directive 98/24/EC of 7 April 1998 on the
protection of the health and safety of workers from the
risks related to chemical agents at work (fourteenth
individual Directive within the meaning of Article 16(1)
of Directive 89/391/EEC) (1), the French Republic has
failed to fulfil its obligations under that directive; and

— Order the French Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition expired on 5 May
2001.

( 1) OJ 1998 L 131, p. 11.

Action brought on 24 July 2002 by the Commission of
the European Communities against the Italian Republic

(Case C-270/02)

(2002/C 219/14)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 24 July

The applicant claims that the Court should:

— Declare that, by maintaining in force legislation which
subjects the marketing of food products for sportsmen
lawfully manufactured and marketed in other Member
States to a requirement of applying for prior authorisation
and of completion of the relevant procedure without
having demonstrated the necessity and proportionality of
such a requirement, the Italian Republic has failed to fulfil
its obligations under Articles 28 and 30 of the EC Treaty;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Rules which subject the entry of a foodstuff onto a national
market to completion of a prior authorisation procedure
clearly represent an obstacle to the free movement of that
product, which may nevertheless be justified if it appears that
its marketing poses a potential risk to human health. In that
case, in the absence of rules of harmonisation at Community
level, the Member States are empowered to fix the level at
which they intend to ensure the protection of the health
of consumers, which may justify a requirement of prior
authorisation for the entry of goods to the market, to the
extent strictly necessary for the attainment of the safeguard
objectives pursued.

In the circumstances of the present case the Italian Government
has not demonstrated the necessity of
the authorisation
procedure prior to the entry onto the market of the products
in question, which are lawfully manufactured and marketed in
other Member States. From the information provided to the
Commission that procedure seems to amount merely to
checking the veracity of the statements on the label with
respect to the effects which consumption of the products in
question may have on athletes’ diets. In those circumstances
the authorisation procedure therefore appears rather to pursue,
not the objective of protecting health, but rather that of
adequately informing the consumer, an objective which, in the
Commission’s opinion, may easily be attained by means less
restrictive of trade than an authorisation procedure.