Source: All England Reporter
Publisher Citation: [2005] All ER (D) 341 (Nov)
Court: Court of Justice of the European Communities (First Chamber)

Judges Jann (President of the Chamber), Rodrigues, Juhasz (Rapporteur), Ilesic and Levits.

Judgment Dates: 24 November 2005


European community - Freedom of movement - Goods - National law provision prohibiting offer for sale of certain confectionery without wrapping - Whether qualitative restriction on freedom of movement - Whether justified on public health grounds - Whether provision contrary to arts 28, 30 and art 7 of Council Directive (EEC) 93/43.

The Case

It was not contrary to arts28EC, 30EC and art7 of Council Directive 93-43 (EEC) (on the hygiene of foodstuffs) for a provision of national law adopted before the entry into force of that directive to prohibit the offer for sale from vending machines of sugar confectionery or products made using sugar substitutes, without wrapping.

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