31.5.2021

EN

Official Journal of the European Union

C 206/39

(Case T-189/21)

(2021/C 206/47)

Language of the case: English

Parties

Applicant: Aloe Vera of Europe BV (Amsterdam, Netherlands) (represented by: B. Van Vooren, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul Commission Regulation (EU) 2021/468; and

—order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on only one plea in law, to the effect that the contested act violates the precautionary principle both substantively and procedurally.

1.First sub-plea in law, alleging that Commission Regulation (EU) 2021/468 (1) violates the precautionary principle. The applicant argues that the precautionary principle allows preventive regulatory action only when the scientific assessment shows that a potential risk is exceeding the level which would still be acceptable for society. In this case, the contested regulation banned Aloe vera inner leaf gel, while the scientific assessment showed that there was no risk for this product. The applicant further alleges that, rather than being based on science, the contested regulation was the product of a series of arbitrary decisions.

2.Second sub-plea in law, alleging that Regulation (EU) 2021/468 was adopted in procedural breach of the precautionary principle. The applicant alleges that the Commission failed to adhere to the framework set out in Article 8 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council, (2) and wrongfully relied on the written procedure under Article 3(5) of the Regulation (EU) No 182/2011 of the European Parliament and of the Council (3) and violated the principles of proportionality and non-discrimination.

(1) 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)

(2) 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)

(3) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ 2011, L 55, p. 13)

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Language of the case: English