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Case T-189/21: Judgment of the General Court of 13 November 2024 – Aloe Vera of Europe v Commission (Consumer protection – Substances prohibited, restricted or under EU scrutiny – Article 8(1) and (2) of, and Annex III to, Regulation (EC) No 1925/2006 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Third entry in Article 1(1) of Regulation (EU) 2021/468)

ECLI:EU:UNKNOWN:62021TA0189

62021TA0189

November 13, 2024
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Official Journal of the European Union

C series

C/2025/158

(Case T-189/21)

(Consumer protection - Substances prohibited, restricted or under EU scrutiny - Article 8(1) and (2) of, and Annex III to, Regulation (EC) No 1925/2006 - Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives - Third entry in Article 1(1) of Regulation (EU) 2021/468)

(C/2025/158)

Language of the case: English

Parties

Applicant: Aloe Vera of Europe BV (Amsterdam, Netherlands) (represented by: B. Van Vooren and P. Bogaert, lawyers)

Defendant: European Commission (represented by: B. Rous Demiri, I. Galindo Martín and K. Mifsud-Bonnici, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of 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), in so far as, by the third entry in Article 1(1) of that regulation, the European Commission included ‘preparations from the leaf of Aloe species containing hydroxyanthracene derivatives’ in Part A of Annex III to 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).

Operative part of the judgment

The Court:

1.Annuls the third entry in Article 1(1) of 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, by which ‘preparations from the leaf of Aloe species containing hydroxyanthracene derivatives’ were included in Part A of Annex III to 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;

2.Orders the European Commission to pay the costs, including those relating to the interlocutory proceedings.

OJ C 206, 31.5.2021.

ELI: http://data.europa.eu/eli/C/2025/158/oj

ISSN 1977-091X (electronic edition)

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