The Commission has decided to refer Denmark to the Court of Justice concerning the Danish administrative practice of not allowing foodstuffs enriched with vitamins to be marketed in Denmark unless a nutritional need for the enrichment has been documented in Denmark. In the Commission's opinion, the Danish practice creates unjustified trade barriers within the Internal Market, in violation of EC Treaty rules on the free movement of goods (Article 28), for enriched foodstuffs that are legally produced and/or marketed in other Member States. The Commission recognises that a Member State can in some circumstances ban the importation and marketing of foodstuffs from other Member States in order to protect public health. However, according to the case law of the Court of Justice (Sandoz ruling of 14.7.83, case 174/82), the burden of proof is on the Member State concerned to demonstrate, in accordance with the principle of proportionality, that a complete ban is justified in a particular instance by a real danger to public health. The lack of a specific nutritional need for a particular additive does not, in the Commission's view, mean that the additive is necessarily a danger to public health. France and the Netherlands are currently before the Court of Justice for similar trade barriers concerning enriched foodstuffs.