Sterbenz (Approximation of laws) [2003] EUECJ C-16/01 (23 January 2003)

Sterbenz (Approximation of laws) [2003] EUECJ C-16/01 (23 January 2003)

Articles 2(1)(b) and 15(1) and (2) of Directive 79/112/EEC preclude a national system that imposes a general prohibition, subject to prior authorisation, of all health-related information on the labelling and presentation of foodstuffs, as such a system is more restrictive than the directive, not proportionate, and not justified by consumer protection or public health grounds.

Citation
[2003] EUECJ C-16/01
Parties
Accused: Ms Sterbenz; Accused: Mr Haug; Prosecutor: Bürgermeister der Landeshauptstadt Klagenfurt; Prosecutor: Magistrat der Stadt Wien; Accused Company: Renatura Naturheilmittel GmbH; Accused Company: Biodiät Erzeugung und Vertrieb GmbH
Jurisdiction
European Union
Judgment Date
23 January 2003
Procedural Posture
Preliminary Ruling (joined Cases C 421/00, C 426/00, C 16/01) / Judgment of the Court of Justice of the European Communities
Outcome
Preliminary ruling: National legislation imposing a general prohibition, subject to prior authorisation, of all health-related information on food labelling is precluded by Directive 79/112/EEC.
Legal Topics
Labelling of Foodstuffs, Health Related Information, Free Movement of Goods, Harmonisation of Laws, Consumer Protection, Prior Authorisation Procedures
European Union Law Food Law Administrative Law Labelling of Foodstuffs Health Related Information Free Movement of Goods Harmonisation of Laws Consumer Protection +1 more

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Parties

Ms Sterbenz

Accused

Mr Haug

Accused

Bürgermeister der Landeshauptstadt Klagenfurt

Prosecutor

Magistrat der Stadt Wien

Prosecutor

Renatura Naturheilmittel GmbH

Accused Company

Biodiät Erzeugung und Vertrieb GmbH

Accused Company

Procedural Posture

Preliminary Ruling (joined Cases C 421/00, C 426/00, C 16/01) / Judgment of the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Articles 2(1)(b) and 15(1) and (2) of Directive 79/112/EEC preclude national legislation imposing a general prohibition, subject to prior authorisation, of all health-related information on food labelling and presentation.

Ratio Decidendi

Articles 2(1)(b) and 15(1) and (2) of Directive 79/112/EEC preclude a national system that imposes a general prohibition, subject to prior authorisation, of all health-related information on the labelling and presentation of foodstuffs, as such a system is more restrictive than the directive, not proportionate, and not justified by consumer protection or public health grounds.

Court Disposition

Preliminary ruling: National legislation imposing a general prohibition, subject to prior authorisation, of all health-related information on food labelling is precluded by Directive 79/112/EEC.

Orders

  • Articles 2(1)(b) and 15(1) and (2) of Directive 79/112/EEC preclude a system such as that established by Paragraph 9(1) and (3) of the Lebensmittelgesetz 1975 which lays down a general prohibition, subject to prior authorisation, of all health-related information on the labelling and presentation of foodstuffs.