France breaches EU food nutrient laws

French legislation setting out tough public health checks for nutrients in food flouts EU law, the European Court of Justice ruled on Thursday.

Europe’s highest court said authorisation measures used by Paris to determine whether foods fortified with vitamins and minerals are fit for human consumption contravene the principle of free movement of goods.

Traders in other EU member states complained to the European Commission that they encountered difficulties in marketing foods – legally sold across Europe - in France because of its strict health laws.

While the checking of goods in the interest of public health does not breach EU community law, the EU state must allow lists of accepted and banned nutrients to be both “readily accessible” and challenged in the courts.

And the ECJ found Paris wanting on both counts.

“Traders for authorisation were not dealt with either within a reasonable time or according to a procedure which was sufficiently transparent,” said the Luxembourg-based court.

If France does not comply with the judgment and amend its legislation, Brussels can issue heavy fines.

 

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