Court of Justice 27 February 2003, C-420/01 (Commission of the European Communities v Italian Republic.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. The Commission of the European Communities seeks a declaration from the Court that, by applying to drinks manufactured and marketed in other Member States rules prohibiting the marketing in Italy of energy drinks containing caffeine in excess of a certain limit, without showing how such a limit is necessary and proportionate for