58Although the Court has admittedly already held, inter alia in Case C-192/01 Commission v Denmark [2003] ECR I-9693, paragraph 49, relied on by Acino, that the risk assessment cannot be based on purely hypothetical considerations, it has, however, also added that where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because of the insufficiency, inconclusiveness or imprecision of the results of studies conducted, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures (Commission v Denmark, paragraph 52, and Case C-333/08 Commission v France [2010] ECR I-757, paragraph 93).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.