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(Consumer protection - Substances prohibited, restricted or under EU scrutiny - Article 8(1) and (2) of, and Annex III to, Regulation (EC) No 1925/2006 - Prohibition and placing under scrutiny of certain substances and preparations containing hydroxyanthracene derivatives - First and second entries in Article 1(1), and first and second entries in Article 1(2), of Regulation (EU) 2021/468 - Definition of ‘substance’, ‘ingredient’ and ‘preparations’ - Error of law)
(C/2025/159)
Language of the case: French
Applicant: Ortis (Bütgenbach, Belgium) (represented by: A. de Brosses, lawyer)
Defendant: European Commission (represented by: F. Clotuche-Duvieusart, I. Galindo Martín and B. Rous Demiri, acting as Agents)
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Regulation (EU) 2021/468 of 18 March 2021 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives (OJ 2021 L 96, p. 6), in so far as, by the first and second entries in Article 1(1) of that regulation and the first and second entries in Article 1(2) thereof, the European Commission included certain hydroxyanthracene derivatives and certain preparations in Parts A and C of Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ 2006 L 404, p. 26).
The Court:
1.Annuls the first and second entries in Article 1(1), and the first and second entries in Article 1(2), of Commission Regulation (EU) No 2021/1468 of 18 March 2021 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives;
2.Orders the European Commission to pay the costs.
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Language of the case: French.
ELI: http://data.europa.eu/eli/C/2025/159/oj
ISSN 1977-091X (electronic edition)
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