Antibiotics, the Precautionary Principle and the Cout in First Instance

This article comments upon the two judgments of the court of first instance (cfi) in the pfizer and alpharma cases of 11 september 2002. This case law is of importance as the court for the first time explicitly addressed the precautionary principle and largely confirmed the elements laid down in the commission's communication on the precautionary principle of 2000. The case law can be criticized for the lenient implementation of the cfi's own requirements in relation to the application of the precautionary principle, such as having an as thorough risk assessment as possible and securing adequate guarantees for scientific objectivity. The decisions were a missed opportunity for the cfi to set high standards as regards the quality of the alternative scientific evidence relied on, in terms of excellence, independence and transparency.