Our Case Summary Of The Week:
COMMISSION OF THE EUROPEAN COMMUNITIES V FEDERAL REPUBLIC OF GERMANY. Case 178-84
his historical case law made difficulties and rules for Member States to justify a restriction on free movement of goods under Article 36 of the TFEU. Now, a Member State that prohibits the marketing of a foodstuff containing additives has the burden of proving that the additive does not meet the risk and real need standard.
This case law also applied the principle of proportionality to give a response in the Judgement.