Judgment_paragraph 51 · Zoofachhandel Züpke GmbH and Others v European Commission (T-817/14)

51It should also be borne in mind that the precautionary principle is a general principle of EU law, stemming from Article 11 TFEU, Article 168(1) TFEU, Article 169(1) and (2) TFEU and Article 191(1) and (2) TFEU, requiring the authorities in question, in the particular context of the exercise of the powers conferred on them by the relevant rules, to take appropriate measures to prevent specific potential risks to public health, safety and the environment, by giving precedence to the requirements related to the protection of those interests over economic interests. Thus, where there is scientific uncertainty as to the existence or extent of risks to human health, the precautionary principle allows the institutions to take protective measures without having to wait until the reality and seriousness of those risks become fully apparent or until the adverse health effects materialise. Furthermore, 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, provided that they are non-discriminatory and objective (see, to that effect, judgment in ATC and Others v Commission, cited in paragraph 31 above, EU:T:2013:451, paragraphs 79 to 81 and the case law cited).

Zoofachhandel Züpke GmbH and Others v European Commission (T-817/14)

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