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Case C-299/12: Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 18 June 2012 — GREEN — SWAN PHARMACEUTICALS CR, a.s. v Státní zemědělská a potravinářská inspekce
ECLI:EU:UNKNOWN:62012CN0299
62012CN0299
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Official Journal of the European Union
C 273/6
(Case C-299/12)
2012/C 273/09
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: GREEN — SWAN PHARMACEUTICALS CR, a. s.
Defendant: Státní zemědělská a potravinářská inspekce (The Czech Agricultural and Food Inspection Authority)
Questions referred
1.Is the following health claim: ‘The preparation also contains calcium and Vitamin D3, which help to reduce a risk factor in the development of osteoporosis and fractures’, a reduction of disease risk claim within the meaning of Article 2(2)(6) of Regulation (EC) No 1924/2006 (1) of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 (2) of 9 February 2010, even though it is not expressly implied in this claim that the consumption of that preparation would significantly reduce a risk factor in the development of disease mentioned?
2.Does the concept of a trade mark or brand name within the meaning of Article 28(2) of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, also include a commercial communication on the packaging of the product?
3.Should the transitional provision in Article 28(2) of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, be interpreted to refer to (any) foods which existed prior to 1 January 2005, or to refer to foods to which a trade mark or brand name was affixed and which existed in that form before that date?
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.
Commission Regulation (EU) No 116/2010 of 9 February 2010 amending Regulation (EC) No 1924/2006 of the European Parliament and of the Council with regard to the list of nutrition claims (Text with EEA relevance); OJ 2010 L 37, p. 16.