CELEX: C2005/217/36
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Grand Chamber) of 12 July 2005 in Joined Cases C-154/04 and C-155/04: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) in The Queen, Alliance for Natural Health and Others v Secretary of State for Health, and The Queen, National Association of Health Stores and Others v Secretary of State for Health, National Assembly for Wales (Approximation of laws — Food supplements — Directive 2002/46/EC — Prohibition on trade in products not complying with the directive — Validity — Legal basis — Article 95 EC — Articles 28 EC and 30 EC — Regulation (EC) No 3285/94 — Principles of subsidiarity, proportionality and equal treatment — Right to property — Freedom to pursue an economic activity — Obligation to state reasons)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/19
            
         
      JUDGMENT OF THE COURT
   
   (Grand Chamber)
   of 12 July 2005
   in Joined Cases C-154/04 and C-155/04: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) in The Queen, Alliance for Natural Health and Others v Secretary of State for Health, and The Queen, National Association of Health Stores and Others v Secretary of State for Health, National Assembly for Wales (1)
   
   (Approximation of laws - Food supplements - Directive 2002/46/EC - Prohibition on trade in products not complying with the directive - Validity - Legal basis - Article 95 EC - Articles 28 EC and 30 EC - Regulation (EC) No 3285/94 - Principles of subsidiarity, proportionality and equal treatment - Right to property - Freedom to pursue an economic activity - Obligation to state reasons)
   (2005/C 217/36)
   Language of the case: English
   In Joined Cases C-154/04 and C-155/04: reference for a preliminary ruling under the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made by decisions of 17 March 2004, received at the Court on 26 March 2004, in the proceedings between The Queen, on the application of: Alliance for Natural Health (C-154/04), Nutri-Link Ltd and Secretary of State for Health, National Assembly for Wales and The Queen, on the application of: National Association of Health Stores (C-155/04), Health Food Manufacturers Ltd v Secretary of State for Health, National Assembly for Wales — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, K. Lenaerts (Rapporteur), Presidents of Chambers, C. Gulmann, A. La Pergola, J. P. Puissochet, R. Schintgen, J. Klučka, U. Lõhmus, E. Levits and A. Ó Caoimh, Judges; L.A. Geelhoed, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 12 July 2005, in which it ruled:
   Examination of the question referred to the Court has revealed no factor of such a kind as to affect the validity of Articles 3, 4(1) and 15(b) of Directive 2002/46/EC 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.
   
      (1)  OJ C 118 of 30.04.2004.