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13.3.2010 |
EN |
Official Journal of the European Union |
C 63/8 |
Judgment of the Court (Third Chamber) of 28 January 2010 — European Commission v French Republic
(Case C-333/08) (1)
(Failure of a Member State to fulfil obligations - Free movement of goods - Articles 28 EC and 30 EC - Quantitative restriction on imports - Measure having equivalent effect - Prior authorisation scheme - Processing aids, and foodstuffs whose preparation involved the use of processing aids, from other Member States where they are lawfully manufactured and/or marketed - Procedure allowing economic operators to obtain the entry of such substances on a ‘positive list’ - Mutual recognition clause - National legislative context creating a situation of legal uncertainty for economic operators)
2010/C 63/12
Language of the case: French
Parties
Applicant: European Commission (represented by: B. Stromsky, Agent)
Defendant: French Republic (represented by: G. de Bergues and R. Loosli-Surrans, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 28 EC — Scheme of prior authorisation for processing aids, and foodstuffs the preparation of which involved the use of processing aids, from other Member States where they were lawfully manufactured and/or marketed — Lack of justification and/or non-compliance with the principle of proportionality
Operative part of the judgment
The Court:
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1. |
By laying down, for processing aids and foodstuffs whose preparation involved the use of processing aids from other Member States where they are lawfully manufactured and/or marketed, a prior authorisation scheme not complying with the principle of proportionality, the French Republic has failed to fulfil its obligations under Article 28 EC. |
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2. |
The French Republic is ordered to pay the costs. |