TO FOOD AND BEVERAGES WITHOUT AN AUTHORIZATION GRANTED BY THE MINISTER RESPONSIBLE FOR IMPLEMENTING THIS DECREE ' ' .
4 IN THE PRESENT CASE SANDOZ BV ( HEREINAFTER REFERRED TO AS ' ' SANDOZ ' ' ) SOLD IN THE NETHERLANDS MUESLI BARS , ' ' POWERBACK ' ' AND ANALEPTIC BEVERAGES TO WHICH CERTAIN VITAMINS , IN PARTICULAR VITAMINS A AND D , HAD BEEN ADDED . IT APPEARS FROM THE FILE THAT ALL THE PRODUCTS IN QUESTION ARE LAWFULLY MARKETED IN THE FEDERAL REPUBLIC OF GERMANY OR IN BELGIUM . BEFORE MARKETING THEM IN THE NETHERLANDS SANDOZ APPLIED FOR AUTHORIZATION PURSUANT TO THE AFORESAID LEGISLATION . THE RESPONSIBLE NETHERLANDS AUTHORITY REPLIED FIRST THAT AUTHORIZATION WOULD BE GRANTED ONLY IF THERE WAS A MARKET DEMAND FOR THE PRODUCTS IN QUESTION . THE APPLICATION FOR AUTHORIZATION WAS SUBSEQUENTLY REJECTED ON THE GROUND THAT THE VITAMINS A AND D IN THE PRODUCTS IN QUESTION REPRESENTED A DANGER TO PUBLIC HEALTH .
5 THE ECONOMISCHE POLITIERECHTER TOOK THE VIEW THAT HIS DECISION ON THE MATTER DEPENDED ON WHETHER THE AFORESAID NETHERLANDS LEGISLATION WAS COMPATIBLE WITH ARTICLE 30 ET SEQ . OF THE TREATY AND THEREFORE AN INTERPRETATION OF THOSE PROVISIONS WAS NECESSARY FOR HIM TO GIVE JUDGMENT ; THE PROCEEDINGS WERE THEREUPON STAYED AND THE FOLLOWING QUESTIONS REFERRED TO THE COURT FOR A PRELIMINARY RULING :
' ' 1 . WHERE :
( A ) FOOD OR BEVERAGES , OR BOTH , TO WHICH VITAMINS HAVE BEEN ADDED , HAVE BEEN MARKETED IN ONE OR MORE MEMBER STATES LAWFULLY , THAT IS TO SAY IN ACCORDANCE WITH THE LEGISLATION IN FORCE LOCALLY , AND
( B)AN IMPORTER OF FOOD OR BEVERAGES , OR BOTH , ESTABLISHED IN ANOTHER MEMBER STATE IMPORTS LAWFULLY MARKETED FOOD OR BEVERAGES , OR BOTH , TO WHICH VITAMINS HAVE BEEN ADDED , FROM ONE OF THE MEMBER STATES REFERRED TO UNDER ( A ) ABOVE INTO THE MEMBER STATE IN WHICH HE IS ESTABLISHED ,
DO THE PROVISIONS DEROGATING FROM THE RULES CONCERNING THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY , IN PARTICULAR ARTICLE 36 OF THE EEC TREATY IN SO FAR AS IT RELATES TO THE PROTECTION OF THE HEALTH OF HUMANS , JUSTIFY THE GOVERNMENT OF THE MEMBER STATE OF IMPORTATION IN PROHIBITING THE MARKETING OF SUCH FOOD OR BEVERAGES , OR BOTH , IN THAT STATE WITHOUT MINISTERIAL AUTHORIZATION?
2.MUST THE PREVIOUS QUESTION BE ANSWERED DIFFERENTLY IF THE GENERAL PROHIBITION ON THE SALE OF FOOD AND BEVERAGES TO WHICH VITAMINS HAVE BEEN ADDED , UNLESS AUTHORIZED BY A MINISTERIAL DECISION , HAS THE RESULT THAT THE IMPORTER REFERRED TO UNDER 1 ( B ) ABOVE BEARS THE ONUS OF PROVING THAT THE FOOD AND BEVERAGES CONCERNED ARE NOT A DANGER TO PUBLIC HEALTH AND MUST THEREFORE BE AUTHORIZED?
3.MUST THE QUESTION BE ANSWERED DIFFERENTLY IF THE APPLICATION OF THE GENERAL PROHIBITION OF THE SALE OF FOOD AND BEVERAGES TO WHICH VITAMINS HAVE BEEN ADDED , UNLESS AUTHORIZED BY A MINISTERIAL DECISION , HAS