CELEX: 62008CA0333
Language: en
Date: 2010-01-28 00:00:00
Title: Case C-333/08: Judgment of the Court (Third Chamber) of 28 January 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Free movement of goods — Articles 28 EC and 30 EC — Quantitative restriction on imports — Measure having equivalent effect — Prior authorisation scheme — Processing aids, and foodstuffs whose preparation involved the use of processing aids, from other Member States where they are lawfully manufactured and/or marketed — Procedure allowing economic operators to obtain the entry of such substances on a positive list — Mutual recognition clause — National legislative context creating a situation of legal uncertainty for economic operators)

13.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/8
            
         Judgment of the Court (Third Chamber) of 28 January 2010 — European Commission v French Republic
   (Case C-333/08) (1)
   
   (Failure of a Member State to fulfil obligations - Free movement of goods - Articles 28 EC and 30 EC - Quantitative restriction on imports - Measure having equivalent effect - Prior authorisation scheme - Processing aids, and foodstuffs whose preparation involved the use of processing aids, from other Member States where they are lawfully manufactured and/or marketed - Procedure allowing economic operators to obtain the entry of such substances on a ‘positive list’ - Mutual recognition clause - National legislative context creating a situation of legal uncertainty for economic operators)
   2010/C 63/12
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: B. Stromsky, Agent)
   
      Defendant: French Republic (represented by: G. de Bergues and R. Loosli-Surrans, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 28 EC — Scheme of prior authorisation for processing aids, and foodstuffs the preparation of which involved the use of processing aids, from other Member States where they were lawfully manufactured and/or marketed — Lack of justification and/or non-compliance with the principle of proportionality
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               By laying down, for processing aids and foodstuffs whose preparation involved the use of processing aids from other Member States where they are lawfully manufactured and/or marketed, a prior authorisation scheme not complying with the principle of proportionality, the French Republic has failed to fulfil its obligations under Article 28 EC.
            
         
               2.
            
            
               The French Republic is ordered to pay the costs.
            
         
      (1)  OJ C 285, 8.11.2008.