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Case C-453/03 et al ex p ABNA [2005] ECR I-10423

By Oxbridge Law TeamUpdated 04/01/2024 07:15

Judgement for the case Case C-453/03 et al ex p ABNA

Table Of Contents

  • A directive article that required manufacturers to disclose the exact compounds present in agricultural feeding-stuff at a customer’s request.

ECJ

  • Held this to be a disproportionate breach of the right to property (here intellectual property) under 1st protocol ECHR, which forms part of EC law, as well as the implied, but fundamental right of pursuing economic activity.

  • This is because the article would force manufacturers to give away their trade secrets and possibly allow customers to just make the feed themselves!

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