CELEX: C2002/219/13
Language: en
Date: 2002-09-14 00:00:00
Title: Case C-269/02: Action brought on 23 July 2002 by the Commission of the European Communities against the French Republic

C 219/8                   EN                    Official Journal of the European Communities                                     14.9.2002
Action brought on 23 July 2002 by the Commission of                        2002 by the Commission of the European Communities,
  the European Communities against the French Republic                     represented by C. Durand and R. Amorosi, acting as Agents.
                            (Case C-269/02)
                                                                           The applicant claims that the Court should:
                            (2002/C 219/13)
                                                                           —     Declare that, by maintaining in force legislation which
                                                                                 subjects the marketing of food products for sportsmen
An action against the French Republic was brought before the                     lawfully manufactured and marketed in other Member
Court of Justice of the European Communities on 23 July                          States to a requirement of applying for prior authorisation
2002 by the Commission of the European Communities,                              and of completion of the relevant procedure without
represented by D. Martin, acting as Agent, with an address for                   having demonstrated the necessity and proportionality of
service in Luxembourg.                                                           such a requirement, the Italian Republic has failed to fulfil
                                                                                 its obligations under Articles 28 and 30 of the EC Treaty;
The applicant claims that the Court should:
                                                                           —     Order the Italian Republic to pay the costs.
—      Declare that, by failing to adopt and bring into force
       within the prescribed period the laws, regulations and
       administrative provisions necessary to comply with
       Council Directive 98/24/EC of 7 April 1998 on the
       protection of the health and safety of workers from the
       risks related to chemical agents at work (fourteenth                Pleas in law and main arguments
       individual Directive within the meaning of Article 16(1)
       of Directive 89/391/EEC) (1), the French Republic has
       failed to fulfil its obligations under that directive; and
—      Order the French Republic to pay the costs.                         Rules which subject the entry of a foodstuff onto a national
                                                                           market to completion of a prior authorisation procedure
                                                                           clearly represent an obstacle to the free movement of that
                                                                           product, which may nevertheless be justified if it appears that
                                                                           its marketing poses a potential risk to human health. In that
Pleas in law and main arguments                                            case, in the absence of rules of harmonisation at Community
                                                                           level, the Member States are empowered to fix the level at
                                                                           which they intend to ensure the protection of the health
The period prescribed for transposition expired on 5 May                   of consumers, which may justify a requirement of prior
2001.                                                                      authorisation for the entry of goods to the market, to the
                                                                           extent strictly necessary for the attainment of the safeguard
                                                                           objectives pursued.
( 1) OJ 1998 L 131, p. 11.
                                                                           In the circumstances of the present case the Italian Government
                                                                           has not demonstrated the necessity of the authorisation
                                                                           procedure prior to the entry onto the market of the products
                                                                           in question, which are lawfully manufactured and marketed in
                                                                           other Member States. From the information provided to the
                                                                           Commission that procedure seems to amount merely to
Action brought on 24 July 2002 by the Commission of
   the European Communities against the Italian Republic                   checking the veracity of the statements on the label with
                                                                           respect to the effects which consumption of the products in
                                                                           question may have on athletes’ diets. In those circumstances
                            (Case C-270/02)                                the authorisation procedure therefore appears rather to pursue,
                                                                           not the objective of protecting health, but rather that of
                                                                           adequately informing the consumer, an objective which, in the
                            (2002/C 219/14)                                Commission’s opinion, may easily be attained by means less
                                                                           restrictive of trade than an authorisation procedure.
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 24 July