Commission of the European Communities v Federal Republic of Germany (C-387/99)

Judgment of 29 Apr 2004

law://eu/cjeu/1999/c-387-99/para_68@2026-11-15

68In that respect, it is for the Member States, in the absence of harmonisation and in so far as there are uncertainties in the present state of scientific research, to decide on the degree of protection of the health and life of humans they intend to ensure and on the requirement for an authorisation prior to placing foodstuffs on the market, having regard, however, to the requirements of the free movement of goods within the Community {Sandoz, cited above, paragraph 16; Van Bennekom, cited above, paragraph 37; Commission v Denmark, cited above, paragraph 42; and Case C-24/00 Commission v France [2004] ECR I-1277, paragraph 49).

Commission of the European Communities v Federal Republic of Germany (C-387/99)

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