Judgment_paragraph 60 · Solgar Vitamin's France and Others v Ministre de l'Économie, des Finances et de l'Emploi and Others (C-446/08)

60In that context, it must also be recalled that, although the criterion of the nutritional need of the population of a Member State can play a role in its detailed assessment of the risks 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, of the marketing of foodstuffs lawfully manufactured and/or marketed in other Member States (Commission v Denmark, paragraph 54, Commission v France, paragraphs 59 and 60, and Joined Cases C-211/03, C-299/03, C-316/03 and C-318/03 HLH Warenvertriebs and Orthica [2005] ECR I-5141, paragraph 69).