Judgment of the Court (Grand Chamber) of 12 July 2005 in Joined Cases C-154/04 and C-155/04: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) in The Queen, Alliance for Natural Health and Others v Secretary of State for Health, and The Queen, National Association of Health Stores and Others v Secretary of State for Health, National Assembly for Wales (Approximation of laws — Food supplements — Directive 2002/46/EC — Prohibition on trade in products not complying with the directive — Validity — Legal basis — Article 95 EC — Articles 28 EC and 30 EC — Regulation (EC) No 3285/94 — Principles of subsidiarity, proportionality and equal treatment — Right to property — Freedom to pursue an economic activity — Obligation to state reasons)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: approximation of laws, food supplement, interpretation of the law, marketing

3.9.2005

EN

Official Journal of the European Union

C 217/19

The compensatory measures referred to in Article 4(1) of Directive
92/51 may be imposed on the person concerned only in so far as
they are provided for in the national legislation in force at the time of
processing the application in question.

bers, C. Gulmann, A. La Pergola, J. P. Puissochet, R. Schintgen,
J. Klučka, U. Lõhmus, E. Levits and A. Ó Caoimh, Judges; L.A.
Geelhoed, Advocate General; K. Sztranc, Administrator, for the
Registrar, gave a judgment on 12 July 2005, in which it ruled:

(1) OJ C 106 of 30.04.2004.

Examination of the question referred to the Court has revealed no
factor of such a kind as to affect the validity of Articles 3, 4(1) and
15(b) of Directive 2002/46/EC of the European Parliament and of
the Council of 10 June 2002 on the approximation of the laws of the
Member States relating to food supplements.

JUDGMENT OF THE COURT

(1) OJ C 118 of 30.04.2004.

(Grand Chamber)

of 12 July 2005

JUDGMENT OF THE COURT

in Joined Cases C-154/04 and C-155/04: Reference for a
preliminary ruling from the High Court of Justice (England
and Wales), Queen's Bench Division (Administrative
Court) in The Queen, Alliance for Natural Health and
Others v Secretary of State for Health, and The Queen,
National Association of Health Stores and Others v Secre-
tary of State for Health, National Assembly for Wales (1)

(Approximation of laws — Food supplements — Directive
2002/46/EC — Prohibition on trade
in products not
complying with the directive — Validity — Legal basis —
Article 95 EC — Articles 28 EC and 30 EC — Regulation
(EC) No 3285/94 — Principles of subsidiarity, proportion-
ality and equal treatment — Right to property — Freedom to
pursue an economic activity — Obligation to state reasons)

(Third Chamber)

of 14 July 2005

in Case C-192/04: Reference for a preliminary ruling from
the Cour de cassation in Lagardère Active Broadcast v
Société pour la perception de la rémunération équitable
(SPRE) and Others (1)

(Copyright and neighbouring rights — Broadcasting of
phonograms — Equitable remuneration)

(2005/C 217/36)

(Language of the case: English)

(2005/C 217/37)

(Language of the case: French)

In Joined Cases C-154/04 and C-155/04: reference for a preli-
minary ruling under the High Court of Justice (England and
Wales), Queen's Bench Division (Administrative Court) (United
Kingdom) made by decisions of 17 March 2004, received at
the Court on 26 March 2004, in the proceedings between The
Queen, on the application of: Alliance for Natural Health (C-
154/04), Nutri-Link Ltd and Secretary of State for Health,
National Assembly for Wales and The Queen, on the applica-
tion of: National Association of Health Stores (C-155/04),
Health Food Manufacturers Ltd v Secretary of State for Health,
National Assembly for Wales — the Court (Grand Chamber),
composed of V. Skouris, President, P. Jann, C.W.A. Timmer-
mans, A. Rosas, K. Lenaerts (Rapporteur), Presidents of Cham-

In Case C-192/04: reference for a preliminary ruling under
Article 234 EC from the Cour de cassation (France), made by
decision of 17 February 2004, received at the Court on 26
April 2004,
in the proceedings between Lagardère Active
Broadcast (the successor in title to Europe 1 communication
SA) and Société pour la perception de la rémunération équi-
table (SPRE) and Gesellschaft zur Verwertung von Leis-
tungsschutzrechten mbH (GVL); third party: Compagnie euro-
péenne de radiodiffusion et de télévision Europe 1 SA (CERT)
— the Court (Third Chamber), composed of A. Rosas, President
of the Chamber, A. Borg Barthet, S. von Bahr, J. Malenovský
(Rapporteur) and U. Lõhmus,
Judges; A. Tizzano, Advocate
General; K. Sztranc, Administrator, for the Registrar, gave a
judgment on 14 July 2005, in which it ruled: