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2-Choroethanol and the Precautionary Principle in Article 7 of the General Food Law – Recent German Jurisdiction

Andreas Meisterernst, Anna Neusch

How authorities dealt with findings of 2-Chloroethanol (2CE) in food during the ‘Ethyleneoxide crisis’ was the subject of several recent court decisions in Germany. Three of the four Higher Administrative Courts involved at last instance took the view that the precautionary principle in Art. 7 General Food Law (GFL) had been violated. The following article will take a closer look at the main arguments of the leading decision by the Higher Administrative Court of Bavaria and will also explain why the dissenting decision by the Higher Administrative Court of Hamburg is not to be followed.

Andreas Meisterernst is a founding partner of the Munich law firm Meisterernst Rechtsanwälte, Certified Lawyer in Administrative Law, Honorary Professor for Food Law at the Technical University of Munich and Editor-in-Chief of EFFL. Anna Neusch is an Associate at Meisterernst Rechtsanwälte and a state examined food chemist.


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