Judgment_paragraph 35 · Solgar Vitamin's France and Others v Ministre de l'Économie, des Finances et de l'Emploi and Others (C-446/08)

35According to settled case-law, it is for the Member States, in the absence of harmonisation and to the extent that uncertainties continue to exist in the current state of scientific research, to decide on their intended level of protection of human health and life and on whether to require prior authorisation for the marketing of foodstuffs, always taking into account the requirements of the free movement of goods within the European Union (Case C-192/01 Commission v Denmark [2003] ECR I-9693, paragraph 42, and Case C-24/00 Commission v France [2004] ECR I-1277, paragraph 49).