46While it is true that the Court has observed that, in a context of scientific uncertainty, the criterion of the nutritional need of the population of a Member State can play a role in its detailed assessment of the risk which the addition of nutrients to foodstuffs may pose for public health, the absence of such a need cannot, by itself, justify a total prohibition, on the basis of Article 30 EC, on marketing foodstuffs lawfully manufactured and/or marketed in other Member States (see Commission v Denmark, paragraph 54).
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