Queisser Pharma GmbH & Co. KG v Bundesrepublik Deutschland

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling in which it decided that arts 6 and 7 of Regulation (EC) 178/2002 had to be interpreted as precluding national legislation, such as that at issue in the main proceedings, which prohibited the manufacture, processing or marketing of any food supplement containing amino acids, unless a derogation had been issued by a national authority with discretion in that respect, where that legislation was based on a risk analysis which concerned only certain amino acids. In any event, those articles should be interpreted as precluding such national legislation, where that legislation laid down that the derogations to the prohibition covered by it could only be granted for a specific period even in cases where the safety of a substance was established.

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