2-Choroethanol and the Precautionary Principle in Article 7 of the General Food Law – Recent German Jurisdiction

How authorities dealt with findings of 2-Chloroethanol (2CE) in food during the ‘Ethyleneoxide crisis’ was the subject of several recent court decisions in Germany. Three of the four Higher Administrative Courts involved at last instance took the view that the precautionary principle in Art. 7 Gener...

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Bibliographic Details
Published inEuropean food and feed law review Vol. 17; no. 5; pp. 338 - 342
Main Authors Meisterernst, Andreas, Neusch, Anna
Format Journal Article
LanguageEnglish
Published Berlin Lexxion Verlag 10.11.2022
Lexxion Verlagsgesellschaft mbH
Subjects
Bans
Court decisions
Food additives
Food law
Judges & magistrates
Judicial reviews
Jurisdiction
Management decisions
Precautionary principle
Principles
Regulation
Risk assessment
Bavaria Germany
Germany
Online AccessGet full text
ISSN1862-2720
2190-8214

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Summary:How authorities dealt with findings of 2-Chloroethanol (2CE) in food during the ‘Ethyleneoxide crisis’ was the subject of several recent court decisions in Germany. Three of the four Higher Administrative Courts involved at last instance took the view that the precautionary principle in Art. 7 General Food Law (GFL) had been violated. The following article will take a closer look at the main arguments of the leading decision by the Higher Administrative Court of Bavaria and will also explain why the dissenting decision by the Higher Administrative Court of Hamburg is not to be followed.
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ISSN:1862-2720
2190-8214