The Court of First Instance has dismissed the claim brought by Laboratoires Bergaderm and their Managing Director, Jean-Jacques Goupil, for FF 314 million in damages

In October 1990, following a number of scientific studies warning of the potentially carcinogenic effects of one of the molecules contained in bergamot essence, which was at that time used in the manufacture of the sun oil "Bergasol", the Scientific Committee on Cosmetology of the European Communities recommended that the level of psoralens in sun oils should not exceed 1 mg/kg.

On 10 July 1995 the Commission therefore adopted a Directive requiring Member States to restrict the level of psoralens in bronzing products to less than 1 mg/kg.

Laboratoires Pharmaceutiques Bergaderm, a company which was placed in liquidation on 10 October 1995 and which engaged primarily in the manufacture and marketing of "Bergasol" sun creams and oils, then applied to the Court of First Instance for compensation in respect of the damage which it had suffered as a result of that Directive.

In the company's submission, there was no scientific justification for limiting the level of psoralens to 1 mg/kg, such a restriction being out of all proportion to the aim of the Cosmetics Directive, namely protection of the health of consumers.

The Court of First Instance states first that there is no evidence that the Commission misunderstood the scientific arguments concerning the extent of the risk involved in the use of sun oil containing bergamot essence. Scientific assessments are a matter, not for the Community authority, but for its Scientific Committee. On the basis of those assessments, the Commission can then take whatever measures are necessary to protect public health in full knowledge of the issues involved. Consequently, it cannot be criticised for having complied with that Committee's opinion, "drafted on the basis of a multitude of meetings, visits and specialist reports".

Lastly, the Court of First Instance reaffirms that - as the Court of Justice stated in its "Mad Cow" judgment - "where there is uncertainty as to the existence or extent of risks to human health, the institutions may take protective measures without having to wait until the reality and seriousness of those risks become fully apparent".

N.B. : This judgment is subject to appeal, on points of law only, to the Court of Justice of the European Communities. Any appeal must be lodged within two months of notification.

Unofficial document for media use which does not bind the Court of First Instance. Available in : Danish, English, Finnish, French, German, Italian, Swedish.

For the full text of the judgment, consult our Internet page www.curia.eu.int at around 3 pm today. For further information, contact Jérôme de Hemptinne, tel.: (352) 4303 3205 fax.: (352) 4303 2500.