The Infant and Dietetics Foods Association Ltd., R (on the application of) v The Welsh Ministers [2008] EWHC 575 (Admin) (29 February 2008)

The Infant and Dietetics Foods Association Ltd., R (on the application of) v The Welsh Ministers [2008] EWHC 575 (Admin) (29 February 2008)

The prohibition on trade in products not compliant with the labelling requirements of the Directive should only take effect from 31 December 2009, as required by Article 18 of Commission Directive 2006/141/EC. The 2007 Regulations unlawfully implemented the Directive by imposing the prohibition earlier, and must be recast to comply with the Directive's timetable.

Citation
[2008] EWHC 575 (Admin)
Parties
Claimant: The Infant and Dietetics Foods Association Ltd; First Defendant: Secretary of State for Health; Second Defendant: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
29 February 2008
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Declaration granted; stay discharged; costs to claimant; permission to appeal granted.
Legal Topics
Implementation of EU Directives, Labelling Regulations, Transposition Deadlines, Judicial Review of Statutory Instruments
Administrative Law European Union Law Food Law Implementation of EU Directives Labelling Regulations Transposition Deadlines Judicial Review of Statutory Instruments

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Parties

The Infant and Dietetics Foods Association Ltd

Claimant

Secretary of State for Health

First Defendant

The Welsh Ministers

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Infant Formula and Follow-on Formula (England) Regulations 2007 lawfully transposed the labelling requirements of Commission Directive 2006/141/EC, specifically regarding the timing of the prohibition on trade in non-compliant products.

Ratio Decidendi

The prohibition on trade in products not compliant with the labelling requirements of the Directive should only take effect from 31 December 2009, as required by Article 18 of Commission Directive 2006/141/EC. The 2007 Regulations unlawfully implemented the Directive by imposing the prohibition earlier, and must be recast to comply with the Directive's timetable.

Court Disposition

Declaration granted; stay discharged; costs to claimant; permission to appeal granted.

Orders

  • Declaration that the 2007 Regulations do not accurately transpose the requirements of Article 18 of Commission Directive 2006/141/EC as regards the timing of the prohibition on trade in non-compliant products with respect to labelling.
  • Stay on implementation lifted with immediate effect.