CELEX: C2000/163/43
Language: en
Date: 2000-06-10 00:00:00
Title: Removal from the register of Case C-218/99

10.6.2000              EN                     Official Journal of the European Communities                                     C 163/23
2. order the defendant to pay the costs.                                        Removal from the register of Case C-218/99 (1)
Pleas in law and main arguments                                                                  (2000/C 163/43)
In the Commission’s view, the practice followed in Austria
does not accord with the principle of proportionality (Article           By order of 15 March 2000 the President of the Court of
30 EC). That practice fails to take account of the fact that             Justice of the European Communities has ordered the removal
vitamins and mineral nutrients may be harmful to a greater or            from the register of Case C-218/99: Commission of the
lesser degree. It would be less restrictive to fix a limit for each      European Communities v Grand-Duchy of Luxembourg.
individual mineral nutrient and to require any preparation
with a nutrient content in excess of that limit to be classified         (1) OJ C 266 of 7.8.1999.
as a medicinal product. It seems too sweeping, therefore, to
take the daily dose alone as the determining criterion.
At the same time, the practice referred to fails to take account
of the fact that the Member State concerned is required to
state, in relation to each individual product, that it constitutes
a serious health risk. It is unacceptable to require the applicant
to prove that a substance is not harmful, since it is for the                   Removal from the register of Case C-361/99 (1)
Member State itself to show that a higher concentration
presents a health risk where the critical limits accepted by the                                 (2000/C 163/44)
scientific bodies are not reached.
                                                                         By order of 16 March 2000 the President of the Court of
                                                                         Justice of the European Communities has ordered the removal
                                                                         from the register of Case C-361/99 (reference for a preliminary
       Removal from the register of Case C-406/99 (1)                    ruling from the Landesgericht für Zivilrechtssachen Wien):
                         (2000/C 163/41)                                 Silveria Gäng v Republic of Austria.
By order of 13 March 2000 the President of the Court of
Justice of the European Communities has ordered the removal              (1) OJ C 6 of 8.1.2000.
from the register of Case C-406/99: Commission of the
European Communities v Federal Republic of Germany.
(1) OJ C 366 of 18.12.1999.
                                                                                Removal from the register of Case C-438/98 (1)
       Removal from the register of Case C-221/98 (1)                                            (2000/C 163/45)
                         (2000/C 163/42)
                                                                         By order of 20 March 2000 the President of the First Chamber
By order of 14 March 2000 the President of the Fifth Chamber             of the Court of Justice of the European Communities has
of the Court of Justice of the European Communities has                  ordered the removal from the register of Case C-438/98:
ordered the removal from the register of Case C-221/98:                  Commission of the European Communities v Grand-Duchy of
Commission of the European Communities v French Republic.                Luxembourg.
(1) OJ C 278 of 14.3.2000.
                                                                         (1) OJ C 20 of 23.1.1999.