Sweden:Swedish Prohibition on Sale of Vitamin Preparations Found to be in Contravention of EU Law

摘要

The Supreme Administrative Court of Sweden has issued an important judgment, in which it, relying on EU primary legislation, has overturned the judgments and decisions of the lower courts concerning a prohibition on the sale of a certain vitamin preparation (Reports of the Supreme Administrative Court - HFD 2018, ref. 65). This judgment is illuminating as regards the impact of EU law on areas that are not fully harmonised. It is also welcome in light of there having been numerous cases before the Swedish administrative courts relating to prohibitions on sale involving similar legal issues concerning health food and food supplements. In these cases the reasons for judgment given have demonstrated manifest uncertainty surrounding the legal assessmentsmade.