Sterbenz (Approximation of laws) [2003] EUECJ C-421/00 (23 January 2003)

Sterbenz (Approximation of laws) [2003] EUECJ C-421/00 (23 January 2003)

Articles 2(1)(b) and 15(1) and (2) of Directive 79/112 preclude a national system imposing a general prohibition, subject to prior authorisation, of all health-related information on food labelling and presentation, as such a system is more restrictive than the directive, disproportionate, and unjustified by consumer protection or public health grounds.

Citation
[2003] EUECJ C-421/00
Parties
Defendant: Ms Sterbenz; Defendant: Mr Haug; Company Represented by Ms Sterbenz: Biodiät Erzeugung und Vertrieb GmbH; Company Represented by Mr Haug: Renatura Naturheilmittel GmbH; Prosecutor: Bürgermeister der Landeshauptstadt Klagenfurt; Prosecutor: Magistrat der Stadt Wien; Intervener: Austrian Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
23 January 2003
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling granted; national law precluded by EU law
Legal Topics
Labelling of Foodstuffs, Free Movement of Goods, Consumer Protection, Misleading Advertising, Prior Authorisation Procedures
European Union Law Food Law Administrative Law Labelling of Foodstuffs Free Movement of Goods Consumer Protection Misleading Advertising Prior Authorisation Procedures

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Parties

Ms Sterbenz

Defendant

Mr Haug

Defendant

Biodiät Erzeugung und Vertrieb GmbH

Company Represented by Ms Sterbenz

Renatura Naturheilmittel GmbH

Company Represented by Mr Haug

Bürgermeister der Landeshauptstadt Klagenfurt

Prosecutor

Magistrat der Stadt Wien

Prosecutor

Austrian Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Articles 2(1)(b) and 15(1) and (2) of Directive 79/112 preclude national legislation imposing a general prohibition, subject to prior authorisation, of health-related information on food labelling
  2. 2 Compatibility of Austrian law (LMG Paragraph 9) with Directive 79/112

Ratio Decidendi

Articles 2(1)(b) and 15(1) and (2) of Directive 79/112 preclude a national system imposing a general prohibition, subject to prior authorisation, of all health-related information on food labelling and presentation, as such a system is more restrictive than the directive, disproportionate, and unjustified by consumer protection or public health grounds.

Court Disposition

Preliminary ruling granted; national law precluded by EU law

Orders

  • Articles 2(1)(b) and 15(1) and (2) of Directive 79/112 preclude a system such as that established by Paragraph 9(1) and (3) of the LMG which lays down a general prohibition, subject to prior authorisation, of all health-related information on the labelling and presentation of foodstuffs.
  • Costs incurred by the Austrian Government and Commission are not recoverable; decisions on costs for main proceedings are for national courts.