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Case C-453/03 et al ex p ABNA

[2005] ECR I-10423

Case summary last updated at 11/02/2020 20:10 by the Oxbridge Notes in-house law team.

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

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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