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A selection of relevant ECJ case law relating to mutual recognition:

  • Case C-387/99: EC vs Federal Republic of Germany
    • for infringement of article 30 of the treaty by automatically classifying as medicinal products vitamin and mineral preparations which are lawfully produced or marketed as food supplements in the other Member States where they contain three times more vitamins and minerals than the daily amount recommended by the Deutsche Gesellschaft fu¨r Ernährung.
  • Case C-24/00: EC vs French Republic
    • for hindering the marketing of certain foodstuffs, such as food supplements and dietetic foods containing the substances L-tartrate and L-carnitine, and confectionery and drinks to which certain nutrients have been added, without establishing that the marketing of such foodstuffs entails a real risk for public health.
  • Case C-150/00: EC vs Republic of Austria
    • for infringement of article 28 of the Treaty by systematically considering vitamin or mineral preparations that are manufactured or marketed lawfully in other Member States as medicinal products when they contain more vitamins (other than vitamins A, C, D or K) or minerals other than chromates, at a level higher than 1x RDA of these nutrients, or when they contain Vitamins A, D or K, irrespective of their dose.
  • Case C-192/01: EC vs Kingdom of Denmark
    • for infringement of article 28 of the Treaty by applying an administrative practice which entails that enriched foodstuffs lawfully produced or marketed in other Member States can be marketed in Denmark only if it is shown that such enrichment with nutrients meets a need in the Danish population.
  • Case C-41/02: EC vs the Kingdom of The Netherlands
    • for maintaining in force its legislation that results in food products lawfully marketed in another Member State, fortified with vitamin A (in the form of retinoids), vitamin D, folic acid, selenium, copper or zinc, being banned in the Netherlands unless that addition does not pose a risk for public health and meets an actual nutritional need.

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