«(Failure of a Member State to fulfil obligations – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – National legislation exhaustively listing the nutrients which may be added to foodstuffs – Measures having equivalent effect – Justification – Public health – Consumer protection – Proportionality)»

1.. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislation making the addition of nutrients to foodstuffs subject to authorisation – Not permissible in the absence of a simplified procedure (EC Treaty, Art. 30 (now, after amendment, Art. 28 EC))

2.. Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislation hindering the marketing of foodstuffs enriched with nutrients – Not permissible – Justification – Protection of public health – Not justified without establishing a real risk (EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 EC and 30 EC))

JUDGMENT OF THE COURT (Sixth Chamber) 5 February 2004 (1)

((Failure of a Member State to fulfil obligations – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – National legislation exhaustively listing the nutrients which may be added to foodstuffs – Measure having equivalent effect – Justification – Public health – Consumer protection – Proportionality))

In Case C-24/00,

applicant,

v

defendant,

APPLICATION for a declaration that:

the French Republic has failed to fulfil its obligations under Article 30 of the EC Treaty (now, after amendment, Article 28 EC),

THE COURT (Sixth Chamber),,

composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.N. Cunha Rodrigues, R. Schintgen and F. Macken (Rapporteur), Judges,

Advocate General: J. Mischo,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 31 May 2001, at which the Commission was represented by R.B. Wainwright and J. Adda, acting as Agent, and the French Republic by R. Loosli-Surrans,

after hearing the Opinion of the Advocate General at the sitting on 26 June 2001,

gives the following

the French Republic has failed to fulfil its obligations under Article 30 of the EC Treaty (now, after amendment, Article 28 EC).

Community legislation

National legislation

...

The first complaint

Arguments of the parties

Findings of the Court

The second complaint

Arguments of the parties

Findings of the Court

The third complaint

Arguments of the parties

Findings of the Court

the French Republic has failed to fulfil its obligations under Article 30 of the Treaty.The remainder of the application must be dismissed.

On those grounds,

THE COURT (Sixth Chamber)

hereby:

Skouris

Gulmann

Cunha Rodrigues

Schintgen

Macken

Delivered in open court in Luxembourg on 5 February 2004.

R. Grass

V. Skouris

Registrar

President