Rombi (Approximation of laws) [2000] EUECJ C-107/97 (18 May 2000)

Rombi (Approximation of laws) [2000] EUECJ C-107/97 (18 May 2000)

Directive 89/398/EEC does not preclude Member States from maintaining national rules on additives for foodstuffs intended for particular nutritional uses, including those based on a different classification, in the absence of specific Community rules on such additives or composition. Individuals cannot rely on the Directive to challenge such national rules where no relevant Community rules exist. The principle of legitimate expectations does not apply in the absence of a Community-created expectation.

Citation
[2000] EUECJ C-107/97
Parties
Accused: Mr Rombi; Accused (civil Liability): Arkopharma SA; Intervener: French Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
18 May 2000
Procedural Posture
Preliminary Ruling (ecj) / Reference From Tribunal De Grande Instance, Grasse, in Criminal Proceedings
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Directive 89/398/eec, Foodstuffs for Particular Nutritional Uses, Transposition of Directives, Additives in Food, Legitimate Expectations, Free Movement of Goods
European Union Law Food Law Criminal Law Directive 89/398/eec Foodstuffs for Particular Nutritional Uses Transposition of Directives Additives in Food Legitimate Expectations +1 more

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Parties

Mr Rombi

Accused

Arkopharma SA

Accused (civil Liability)

French Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (ecj) / Reference From Tribunal De Grande Instance, Grasse, in Criminal Proceedings

Legal Issues

  1. 1 Whether Directive 89/398/EEC precludes Member States from maintaining national rules on additives after transposition
  2. 2 Whether individuals can rely on the Directive to challenge national rules
  3. 3 Scope of the Directive regarding food supplements containing L-carnitine

Ratio Decidendi

Directive 89/398/EEC does not preclude Member States from maintaining national rules on additives for foodstuffs intended for particular nutritional uses, including those based on a different classification, in the absence of specific Community rules on such additives or composition. Individuals cannot rely on the Directive to challenge such national rules where no relevant Community rules exist. The principle of legitimate expectations does not apply in the absence of a Community-created expectation.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.