Antibiotics, the Precautionary Principle and the Court of First Instance
| Date | 01 June 2004 |
| Author | Ellen Vos |
| DOI | 10.1177/1023263X0401100205 |
| Published date | 01 June 2004 |
| Subject Matter | Article |
Ellen Vos*
11 MJ 2 (2004) 187
Antibiotics, the Precautionary Principle and the Court of
First Instance
Alpharma Inc. v Council of the European Union
Summary
This article comments upon the two judgments of the Court of First Instance
(CFI) in the Pfizer and Alpharma cases of 11 September 2002. This case law is
of importance as the Court for the first time explicitly addressed the
precautionary principle and largely confirmed the elements laid down in the
Commission’s Communication on the Precautionary Principle of 2000. The case
law can be criticized for the lenient implementation of the CFI’s own
requirements in relation to the application of the precautionary principle, such
as having an as thorough risk assessment as possible and securing adequate
guarantees for scientific objectivity. The decisions were a missed opportunity for
the CFI to set high standards as regards the quality of the alternative scientific
evidence relied on, in terms of excellence, independence and transparency.
§ 1. Introduction
In dealing with risk and uncertainties, the EU has traditionally preferred to separate risk
assessment from risk management: risk assessment is carried out by scientists, generally
within the framework of a committee or an agency, whilst risk management is carried
out by the European public authorities, in particular the Commission. In view of the
various threats to human and animal health in the European Union today it is not
surprising that the precautionary principle has become of pivotal importance in risk
* Professor of European Union Law, Co-director of Studies, Magister Iuris Communis (LL.M.)
programme, Law Faculty, University of Maastricht.
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