European Court Of Justice Advocate-General: EU Vitamin and Mineral Ban "As Transparent as aBlack Box"
PRESS RELEASE
For immediate release 25 January 2005

UK GOVERNMENT DECIDES NOT TO ATTEND COURT
HEARING TO MAKE ITS OBJECTIONS TO THE CHALLENGE

The Alliance for Natural Health today presented its oral submission to the European Court of Justice in Luxembourg in its landmark case challenging the ban in the EU Food Supplements Directive on 75% of vitamin and mineral forms currently sold in the EU market.

Opposing oral submissions were made by the European Commission, the Council of Ministers, the European Parliament and only one EU Member State, Greece.

No objections by UK Government to the challenge
Interestingly, neither the UK government nor Portugal attended to present oral arguments despite having filed Written Observations in the case. This means that none of the major EU countries felt the need to oppose the ANH's application for a declaration that the ban in the Directive was unlawful.

David Hinde Solicitor and ANH Legal Director said: "Given the vigour with which the UK Government resisted this application at the Judicial Review stage, it was extraordinary it did not now think the issue sufficiently important to warrant being represented at the ECJ to make oral submissions. The question inevitably arises whether this signifies a change of attitude on their part and a retreat from their previously bullish position about the legality of the Directive."

Paul Lasok QC, a world leading expert on EU law representing the ANH, opened the proceedings and systematically undermined the legal and scientific basis of the Directive, highlighting contradictions between various arguments put forward by the key bodies involved in developing the Directive, namely the European Commission, the Council of Ministers and the European Parliament.

When asked by Judge Lenaerts as to the origin of the positive list which appeared to have been derived from an old list produced by the European Commission, and so omitted a vast array of nutrients that can normally be found in food, Mr Lasok responded: "The list was put together without adding, without subtracting and without thinking."

Advocate General Geelhoed, the senior judge at today's hearing, appeared to be baffled by the procedure for adding nutrients to the positive list, which he described: "As transparent as a black box."

Dr Robert Verkerk, executive director of the ANH said after the hearing: "It was remarkable that the vast majority of points that we had gone to great length to show the Court were not countered in any effective way by the opposing parties. The Commission, the Council and the Parliament were not able to give any adequate scientific explanations for why so many forms of vitamins and minerals that naturally occur in foods should be banned across the EU."

Final judgment expected in June 2005
The Advocate General announced that he would deliver his opinion on 5 April 2005, while the Court is expected to give its judgment in June, shortly before the ban would otherwise be set to come into effect on 1 August 2005.

ENDS
For enquiries and further information contact:
Alliance for Natural Health
www.alliance-natural-health.org