# C_2015294EN.01003001.xml

| 7.9.2015 | EN | Official Journal of the European Union | C 294/30 |
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7.9.2015

EN

Official Journal of the European Union

C 294/30

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Request for a preliminary ruling from the Verwaltungsgericht Braunschweig (Germany) lodged on 11 June 2015 — Queisser Pharma GmbH & Co. KG v Federal Republic of Germany

(Case C-282/15)

(2015/C 294/37)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Braunschweig

Parties to the main proceedings

Parties to the main proceedings

Applicant: Queisser Pharma GmbH & Co. KG

Applicant:

Defendant: Federal Republic of Germany

Defendant:

Questions referred

Questions referred

| 1. | Are Articles 34, 35 and 36 of the Treaty on the Functioning of the European Union (‘the TFEU’) in conjunction with Article 14 of Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), to be interpreted as precluding national statutory provisions which prohibit the manufacture or processing and/or marketing of a food supplement with amino acids (here: L-histidine), unless a temporary derogation has been issued at the discretion of the national authority subject to specific additional factual requirements? |
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1.

Are Articles 34, 35 and 36 of the Treaty on the Functioning of the European Union (‘the TFEU’) in conjunction with Article 14 of Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), to be interpreted as precluding national statutory provisions which prohibit the manufacture or processing and/or marketing of a food supplement with amino acids (here: L-histidine), unless a temporary derogation has been issued at the discretion of the national authority subject to specific additional factual requirements?

1

| 2. | Does the scheme of Articles 14, 6, 7, 53 and 55 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety mean that national bans on individual foods or food ingredients may only be issued under the conditions set out therein, and does this preclude a national statutory provision as set out at 1 above? |
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2.

Does the scheme of Articles 14, 6, 7, 53 and 55 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety mean that national bans on individual foods or food ingredients may only be issued under the conditions set out therein, and does this preclude a national statutory provision as set out at 1 above?

| 3. | Is Article 8 of 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) to be interpreted as precluding a national statutory provision as set out at 1 above? |
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3.

Is Article 8 of 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) to be interpreted as precluding a national statutory provision as set out at 1 above?

2

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(1)  OJ 2002 L 31, p. 1.

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(2)  OJ 2006 L 404, p. 26.

2

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