CELEX: C2004/118/61
Language: en
Date: 2004-04-30 00:00:00
Title: Case C-154/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) by order of that court dated 17 March 2004, in the case of The Queen on the application of 1) Alliance for Natural Health 2) Nutri-Link Ltd against Secretary of State for Health.

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/33
            
         Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) by order of that court dated 17 March 2004, in the case of The Queen on the application of 1) Alliance for Natural Health 2) Nutri-Link Ltd against Secretary of State for Health.
   (Case C-154/04)
   (2004/C 118/61)
   Reference has been made to the Court of Justice of the European Communities by an order of the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) dated 17 March 2004, which was received at the Court Registry on 26 March 2004, for a preliminary ruling in the case of The Queen on the application of 1) Alliance for Natural Health 2) Nutri-Link Ltd and Secretary of State for Health on the following questions:
   Are Article 3, 4(1) and Article 15(b) of Directive 2002/46/EC (1) invalid by reason of:
   
               (a)
            
            
               the inadequacy of Article 95 as a legal basis;
            
         
               (b)
            
            
               infringement of (i) Articles 28 and 30 of the EC Treaty and/or (ii) Articles 1(2) and 24(2)(a) of Regulation (EEC) No. 3285/94 (2);
            
         
               (c)
            
            
               infringement of the principle of subsidiarity;
            
         
               (d)
            
            
               infringement of the principle of proportionality;
            
         
               (e)
            
            
               infringement of the principle of equal treatment;
            
         
               (f)
            
            
               infringement of Article 6(2) of the Treaty on European Union, read in the light of Article 8 of and Article 1 of the First Protocol to the European Convention on Human Rights, and of the fundamental right to property and/ or the right to carry on an economic activity;
            
         
               (g)
            
            
               infringement of Article 253 EC and/or the duty to give reasons?
            
         
      (1)  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 (Text with EEA relevance) (OJ L 183, 12.07.2002, p. 51).
   
      (2)  Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports and repealing Regulation (EC) No 518/94 (OJ L 349, 31.12.1994, p. 126).