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Case T-556/18: Action brought on 19 September 2018 — Sensient Colors Europe v Commission
ECLI:EU:UNKNOWN:62018TN0556
62018TN0556
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Official Journal of the European Union
C 399/54
(Case T-556/18)
(2018/C 399/69)
Language of the case: German
Parties
Applicant: Sensient Colors Europe GmbH (Geesthacht, Germany) (represented by: M. Hagenmeyer, D. Zechmeister und W. Berlit, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—declare as null and void the defendant’s decision of 31 July 2018 (DG Sante/E2/RP/amf(2018)4523972) to classify as invalid the request to place a novel food on the Union market as well as the update of the Union list provided for in Article 9 of Regulation (EU) 2015/2283 of the European Parliament and of the Council (1) with document number NF 2018/0355, and end the application procedure; and
—order the defendant to bear the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law, namely infringement of Article 6(1) and 6(5) of Commission Implementing Regulation (EU) 2017/2469, (2) and Article 10(1) in conjunction with Article 10(3) and Article 11(1) or in conjunction with Article 12(2) of Regulation 2015/2283.
It submits, inter alia, that the defendant incorrectly assumed that the colouring extract based on dried butterfly pea flowers, on which the application is based, did not fall within the scope of Regulation 2015/2283 and was a food additive within the meaning of Article 3(2)(a) of Regulation No 1333/2008.
(1) Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (OJ 2015, L 327, p. 1).
(2) Commission Implementing Regulation (EU) 2017/2469 of 20 December 2017 laying down administrative and scientific requirements for applications referred to in Article 10 of Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel food (OJ 2017, L 351, p. 64).
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