Brussels, 23/03/2001 (Agence Europe) - The European Commission has decided to pursue infringement procedures against Denmark and Greece for obstacles to trade, in breach of the rules of the EC Treaty on the movement of goods in the internal market (Article 28).
Denmark: the Commission has decided to turn to the Court of Justice, due to Danish administrative practices that prohibit the marketing of vitamin-enriched foodstuffs, unless a nutritional needs of the enrichment has been duly justified. The Commission considers that these limitations on the marketing of foodstuffs authorized in other Member States breach the rules on the free movement of goods. "A Member State may, in certain circumstances, prohibit the import and marketing of foodstuffs from other Member States to protect public health" the Commission recognises, recalling, however, that the Court's case law (Sandoz case) stipulates that "the burden of proof is on the Member State concerned to demonstrate, in accordance with the principle of proportionality, that a complete ban is justified in a particular instance by a real danger to public health". Yet, according to the Commission, the fact that an additive is not necessary nutritionally-speaking does not mean that it is dangerous to health. The Court has been referred similar cases concerning France and the Netherlands.
Greece: the Commission has sent a reasoned opinion (second stage in the infringement procedure) to Greece over trade restrictions on orthopaedic medical devices. A circular from the Greek Social Security provides for, to be refunded, orthopaedic devices having to bear the "serial number" of the person insured and the invoice having to mention the professional licence of a special technician for orthopaedic type products. "The effect of this requirement is to discriminate against mass-produced (often imported) devices as opposed to local "custom-made" products, says the Commission.