In a Commission statement, vice-president Günter Verheugen, responsible for Enterprise, Industry and the Free Movement of Goods, said the case was a 'clear cut' example of national overregulation creating unnecessary burdens for business and hampering economic growth in the EU.
Garlic preparations, such as capsules containing pure dried garlic powder, are marketed as foodstuffs in another member state. German classification of the supplements as medicines therefore constitutes a disproportionate and unnecessary obstacle to the free movement of goods under EU law, said the Commission.
The case also points to recent legislation that was expected to clear up some of the confusion over the borderline between food supplements and medicinal products.