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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Italy (Free movement of goods) [2003] EUECJ C-420/01 (19 June 2003) URL: https://www.bailii.org/eu/cases/EUECJ/2003/C42001.html Cite as: [2003] EUECJ C-420/1, [2003] EUECJ C-420/01, [2003] ECR I-6445 |
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JUDGMENT OF THE COURT (Third Chamber)
19 June 2003 (1)
(Failure to fulfil obligations - Free movement of goods - Articles 28 EC and 30 EC - Prohibition on the marketing of energy drinks containing caffeine in excess of a certain limit - Public health - Retention of a national provision incompatible with Community law)
In Case C-420/01,
Commission of the European Communities, represented by H. van Lier and R. Amorosi, acting as Agents, with an address for service in Luxembourg,
applicant,
v
Italian Republic, represented by U. Leanza, acting as Agent, and M. Fiorilli, avvocato dello Stato, with an address for service in Luxembourg,
defendant,
APPLICATION for a declaration that, by applying to drinks produced and marketed in other Member States a rule prohibiting the marketing in Italy of energy drinks containing caffeine in excess of a certain limit, without showing that that limit is necessary and proportionate for the protection of public health, the Italian Republic has failed to fulfil its obligations under Articles 28 EC and 30 EC,
THE COURT (Third Chamber),
composed of: J.-P. Puissochet, President of the Chamber, F. Macken (Rapporteur) and J.N. Cunha Rodrigues, Judges,
Advocate General: J. Mischo,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 27 February 2003,
gives the following
Legal background
Community law
National law
The addition of substances other than those listed in this regulation, which have not received prior approval by the High Commissioner for Hygiene and Public Health, must, at the request of the health authority of the district in which the factory is established and following an opinion from the district health council, be authorised in each case by the High Commissioner on an individual basis.
Pre-litigation procedure
The action
Arguments of the parties
Findings of the Court
Costs
37. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the Italian Republic has been unsuccessful in its defence, the latter must be ordered to pay the costs.
On those grounds,
THE COURT (Third Chamber)
hereby:
1. Declares that, by applying to drinks produced and marketed in other Member States a rule prohibiting the marketing in Italy of energy drinks containing caffeine in excess of a certain limit, without showing that that limit is necessary and proportionate for the protection of public health, the Italian Republic has failed to fulfil its obligations under Articles 28 EC and 30 EC;
2. Orders the Italian Republic to pay the costs.
Puissochet
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Delivered in open court in Luxembourg on 19 June 2003.
R. Grass J.-P. Puissochet
Registrar President of the Third Chamber
1: Language of the case: Italian.