Judgment of the Court of 23 September 2003 in Case C-192/01: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Prohibition on marketing of foodstuffs to which vitamins and minerals have been added — Justification — Public health — Nutritional need)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for failure to fulfil an obligation, food additive, foodstuffs legislation, trade restriction

C 275/12

EN

Official Journal of the European Union

15.11.2003

4.

5.

6.

In Case C-172/01 P, orders International Power plc to pay its
own costs in the proceedings before the Court of
Justice
and those incurred by NALOO in these proceedings. The
Commission of the European Communities is to pay its own
costs.

In Case C-175/01 P, orders NALOO to pay its own costs in
the proceedings before the Court of Justice and those incurred by
British Coal Corporation and the Commission of the European
Communities in these proceedings.

In Case C-176/01 P, orders PowerGen (UK) plc to pay its own
costs in the proceedings before the Court of Justice and those
incurred by NALOO in these proceedings. The Commission of
the European Communities is to pay its own costs.

7.

In Case C-180/01 P, orders each party to pay its own costs in
the proceedings before the Court of Justice.

8. Orders the Commission of the European Communities and
NALOO each to pay their own costs in the proceedings before
the Court of First Instance. International Power plc, British
Coal Corporation and PowerGen (UK) plc are each to pay their
own costs as interveners in the proceedings before the Court of
First Instance.

(1) OJ C 200 of 14.07.2001.

marketed in Denmark only if it is shown that such enrichment
with nutrients meets a need in the Danish population, the
Kingdom of Denmark has failed to fulfil its obligations under
Article 28 EC,
J.-P. Puissochet,
the Court, composed of:
President of the Sixth Chamber, acting for the President,
M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presi-
dents of Chambers), C. Gulmann, A. La Pergola, F. Macken
(Rapporteur), N. Colneric, S. von Bahr, J.N. Cunha Rodrigues
and A. Rosas, Judges; J. Mischo, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 23 Sep-
tember 2003, in which it:

1. Declares that by applying an administrative practice which
entails that enriched foodstuffs lawfully produced or marketed
in other Member States can be marketed in Denmark only if it
is shown that such enrichment with nutrients meets a need in
the Danish population, the Kingdom of Denmark has failed to
fulfil its obligations under Article 28 EC.

2. Orders the Kingdom of Denmark to pay the costs.

(1) OJ C 200 of 14.7.2001.

JUDGMENT OF THE COURT

of 23 September 2003

JUDGMENT OF THE COURT

(Sixth Chamber)

of 11 September 2003

in Case C-192/01: Commission of the European Communi-
ties v Kingdom of Denmark (1)

in Case C-201/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Maria Walcher v Bundesamt
für Soziales und Behindertenwesen Steiermark (1)

(Failure of a Member State to fulfil obligations — Articles 28
EC and 30 EC — Prohibition on marketing of foodstuffs to
which vitamins and minerals have been added — Justifi-
cation — Public health — Nutritional need)

(Protection of workers — Insolvency of the employer —
Scope of Directive 80/987/EEC — National case-law on
shareholder loans in lieu of capital contributions — Total
loss of entitlement)

(2003/C 275/19)

(Language of the case: Danish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(2003/C 275/20)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-192/01, Commission of the European Communities
(Agent: H. C. Støvlbæk) v Kingdom of Denmark (Agent:
J. Molde): Application for a declaration that, by applying an
administrative practice which entails that enriched foodstuffs
lawfully produced or marketed in other Member States may be

In Case C-201/01: Reference to the Court under Article 234
EC by the Oberster Gerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between