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Case C-448/14: Judgment of the Court (Fifth Chamber) of 9 November 2016 (request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Davitas GmbH v Stadt Aschaffenburg (Reference for a preliminary ruling — Novel foods and novel food ingredients — Regulation (EC) No 258/97 — Article 1(2)(c) — Concept of foods and food ingredients with a new primary molecular structure)
ECLI:EU:UNKNOWN:62014CA0448
62014CA0448
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Official Journal of the European Union
C 6/3
(Case C-448/14) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Novel foods and novel food ingredients - Regulation (EC) No 258/97 - Article 1(2)(c) - Concept of foods and food ingredients with a new primary molecular structure))
(2017/C 006/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Davitas GmbH
Defendant: Stadt Aschaffenburg
Intervener: Landesanwaltschaft Bayern
Operative part of the judgment
Article 1(2)(c) of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as meaning that the expression ‘new primary molecular structure’ relates to foods or food ingredients which were not used for human consumption in the territory of the European Union before 15 May 1997.
(<span class="note">1</span>) OJ C 448, 15.12.2014.
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Language of the case: German.