Key Court Victory: BFSA Cannot Ignore EU Law and the Principle of Mutual Recognition for Food Supplements
The Supreme Administrative Court (SAC) has fully upheld the lower court's ruling, overturning an unlawful refusal by the Bulgarian Food Safety Agency (BFSA) to register food supplements for our client.
This judicial act reinforces a fundamental principle of the EU internal market: the BFSA is legally required to ex officio apply Regulation (EU) 2019/515 on the mutual recognition of goods. The Court decisively ruled that national authorities cannot restrict market access for food supplements lawfully marketed in another Member State solely because their content does not comply with domestic requirements on maximum daily amounts of vitamins or minerals. Any such restriction requires a specific assessment procedure and cannot rely on arbitrary national prohibitions
This victory represents a significant step forward in removing unjustified administrative barriers for business and ensuring the free movement of goods within the European Union.
Nutrilife Ltd. was successfully represented in this matter by attorney-at-law Irina Stoeva.