Case C-155/04 Alliance for Natural Health [2005] ECR I-6451

Key point

  • This case shows that the ECJ takes a perfunctory approach to ensuring compliance with the principle of conferral by taking the legislature’s word at face value


  • Directive 2002/46 harmonises national rules governing foods containing concentrated sources of nutrients on the basis of legislative diversity harming the internal market

Held (Court of Justice)

  • The measure was valid


  • The court referred to the Directive’s Recitals and the observations of the Parliament and the Council in finding that the claim to disruptive legislative diversity was made good
  • It also referred to “a substantial number of complaints from economic operators” made to the Commission about such variation though it does not appear to have looked at any of these.
  • And, without more, reliance on Article 95 EC, now Article 114 TFEU, is accepted.
Constitutional limits cases
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