Judgments of the European Court of Justice in cases C-24/00 and C-95/01

The European Court of Justice (ECJ) has on February 5, 2004 issued its long awaited judgments in Cases C-24/00 Commission v French Republic (infringement procedure) and C-95/01 Public Ministry v John Greenham and Leonard Abel (preliminary ruling).

These cases concerned obstacles to the free movement of foodstuffs and food supplements with added nutrients that have been marketed in France without prior authorisation or in a quantity exceeding recommended daily allowances set down in France.

Within the infringement procedure (Case C-24/00), the Commission specifically alleged that French legislation failed to oblige competent authorities to establish in each case and for each product that the adopted prohibiting measures are necessary to protect public health.

In the other case (C-95/01), the question referred to the ECJ for a preliminary ruling concerned the interpretation under EU Law of such a legislation which does not in particular set a clear authorization procedure easily accessible to operators and does not allow for the processing of applications in a reasonable period of time.

These two...