General Court (Second Chamber) 21 October 2003, T-392/02 (Solvay Pharmaceuticals BV v Council of the European Union.)

Also known as

The Court of First Instance dismissed an action for annulment of Council Regulation (EC) No 1756/2002, which withdrew the authorisation of the additive Nifursol in animal feedingstuffs based on the precautionary principle. The Court held that the existence of scientific uncertainty regarding genotoxicity and developmental toxicity justified withdrawal where a potential risk to human health is supported by serious evidence, even if the risk is not fully proven. Furthermore, the Court ruled that the administrative grant of a new authorisation under transitional rules does not create a presumption of safety or preclude a parallel re-evaluation procedure based on Article 9m of Directive 70/524/EEC.AI