17.11.2014

EN

Official Journal of the European Union

C 409/48

(Case T-619/14)

2014/C 409/69

Language of the case: German

Parties

Applicant: Bionorica SE (Neumarkt, Germany) (represented by: M. Weidner, T. Guttau and N. Hußmann, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—declare that the defendant, in infringement of Article 13(3) of 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), failed to entrust the European Food Safety Authority with the scientific assessment of health claims relating to plant materials for the drafting of a Community list of permitted claims for plant materials in accordance with Article 13(1) of Regulation (EC) No 1924/2006, and all the necessary conditions for the application of those claims,

—order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law.

Plea in law, alleging an infringement of Article 13(3) of Regulation (EC) No 1924/2006 (1)

According to the applicant, the Commission’s failure to act infringes Article 13(3) of Regulation No 1924/2006, which provides that 31 January 2010 is a binding deadline for transposition. The applicant claims that the Commission failed to comply with that deadline. In that regard, the applicant claims that the Commission is not entitled to construe the scientific assessment of health claims relating to plant materials as not being subject to a deadline. The defendant’s failure to act, in the opinion of the applicant, undermines a uniform application of law throughout the European Union and is not compatible with the basic principle of the regulation to create uniform European rules.

(1) 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).