17.11.2014

EN

Official Journal of the European Union

C 409/49

(Case T-620/14)

2014/C 409/70

Language of the case: German

Parties

Applicant: Diapharm GmbH & Co. KG (Münster, Germany) (represented by: M. Weidner, N. Hußmann and T. Guttau, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Declare that the defendant, in infringement of Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9), did not request that the European Food Safety Authority carry out the scientific assessment of health claims relating to plant substances with a view to the adoption of a Community list of permitted claims in respect of plant substances pursuant to Article 13(1) of Regulation (EC) No 1924/2006 and of all the necessary conditions for the use of those claims;

—Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law.

Plea in law: Infringement of Article 13(3) of Regulation (EC) No 1924/2006 (1)

In the applicant’s view the inaction of the Commission infringes Article 13(3) of Regulation No 1924/2006, which stipulates a definite deadline for implementation of 31 January 2010. The applicant submits that the Commission allowed that deadline to pass. The applicant submits in that connection that the Commission is not entitled to suspend the scientific assessment of health claims in respect of plant substances for an unlimited period. According to the applicant, the inaction on the part of the defendant fosters legal fragmentation throughout the European Union and is at variance with the fundamental purpose of the regulation of creating uniform rules throughout Europe.

(1) Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9).