Solvay Pharmaceuticals BV v Council of the European Union (T-392/02)

Judgment of 21 Oct 2003

law://eu/cjeu/2002/t-392-02/para_125@2026-11-15

125As regards the scope of the discretion of the relevant institution it should be noted that, where scientific evaluation does not make it possible to determine the existence of a risk with sufficient certainty, whether to have recourse to the precautionary principle depends on the level of protection chosen by the competent authority in the exercise of its discretion, taking account of the priorities that it defines in the light of the objectives it pursues in accordance with the relevant rules of the Treaty and of secondary law. That choice must, however, comply with the principle that the protection of public health, safety and the environment is to take precedence over economic interests, as well as with the principles of proportionality and nondiscrimination (Artegodan and Others v Commission, paragraph 186).

Solvay Pharmaceuticals BV v Council of the European Union (T-392/02)

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