EU Court annuls action against ban sought on animal testing for developing & marketing cosmetics
25 May '05
3 min read
the provision at issue is in fact intended to supersede the earlier ban and has in part the same subject-matter (the conditions governing the prohibition of marketing cosmetic products containing ingredients or combinations of ingredients that have been tested on animals).
repeal of the former provision is the consequence of the adoption of the new provision.
directive 2003/15, moreover, emphasises the connection between the two provisions: it states that it is essential that the aim of abolishing animal experiments for testing cosmetic products be pursued and that the prohibition of such experiments become effective within the territory of the member states.
the court declares in those circumstances that the inclusion of the new bans and the deletion of the previous ban constituted a non-severable whole.
the court accordingly concludes that the partial annulment sought was impossible and declared the action to be inadmissible.
the court of justice is made up of 25 judges and 8 advocates-general. should the court so request, the council may, acting unanimously, increase the number of advocates-general.
the judges and advocates-general are appointed by common accord of the governments of the member states and hold office for a renewable term of six years. they are chosen from legal experts whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offbt bt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence.
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