I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2014/C 448/10)
Language of the case: German
Appellant: Davitas GmbH
Respondent: Stadt Aschaffenburg
Intervener: Landesanwaltschaft Bayern
Is the product ‘De Tox Forte’ which is marketed by the appellant a food or a food ingredient with a new molecular structure within the meaning of Article 1(2)(c) of Regulation (EC) No 258/97 (1)?
In particular, does it suffice, in order to be able to answer this question in the affirmative, that that product, which contains the substance clinoptilolite in its particular primary molecular structure, was not yet being used as a food prior to 15 May 1997, or does that product, in addition, have to be produced via the production process by means of a procedure which results in a new or intentionally modified molecular structure, which means that it must be a substance which did not previously exist naturally in that form?
Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ 1997 L 43, p. 1).
Language of the case: German
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