# C_2022424EN.01003701.xml

| 7.11.2022 | EN | Official Journal of the European Union | C 424/37 |
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7.11.2022

EN

Official Journal of the European Union

C 424/37

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Action brought on 16 August 2022 — Vleuten Insects and New Generation Nutrition v Commission

(Case T-500/22)

(2022/C 424/48)

Language of the case: English

Parties

Applicants: Vleuten Insects vof (Hoogeloon, Netherlands), New Generation Nutrition BV (Helvoirt, Netherlands) (represented by: N. Carbonnelle, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | annul the Commission Implementing Decision of 2 June 2022 terminating the procedure for authorising the placing on the market of Alphitobius diaperinus larva as a novel food without updating the Union list of novel foods; (1) |
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annul the Commission Implementing Decision of 2 June 2022 terminating the procedure for authorising the placing on the market of Alphitobius diaperinus larva as a novel food without updating the Union list of novel foods; (1)

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.

| 1. | First plea in law, alleging a breach of Article 6(3) of Commission Implementing Regulation 2017/2469, (2) insofar the decision was adopted without the procedural requirements and guarantees set out under that provision having been complied with, making the decision illegal. |
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1.

First plea in law, alleging a breach of Article 6(3) of Commission Implementing Regulation 2017/2469, (2) insofar the decision was adopted without the procedural requirements and guarantees set out under that provision having been complied with, making the decision illegal.

| 2. | Second plea in law, alleging a breach of the principle of good administration and of Article 41 of the European Charter of Fundamental Rights, and more particularly:






  — | breach of the duty of procedural loyalty and of the principles of legal certainty and legitimate expectations (first part of the second plea); |
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2.

Second plea in law, alleging a breach of the principle of good administration and of Article 41 of the European Charter of Fundamental Rights, and more particularly:

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breach of the duty of procedural loyalty and of the principles of legal certainty and legitimate expectations (first part of the second plea);

| — | breach of applicable procedural requirements and of the duty to provide a valid and legally admissible statement of reasons (second part of the second plea); and |
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breach of applicable procedural requirements and of the duty to provide a valid and legally admissible statement of reasons (second part of the second plea); and

| — | breach of the principle of proportionality (third part of the second plea). |
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breach of the principle of proportionality (third part of the second plea).

| 3. | Third plea in law, a subsidiary plea to the effect that, if neither the first plea nor the second plea is upheld, the applicants submit a plea of illegality based on Article 277 TFEU against Article 10(6) of Regulation 2015/2283 (3) and Article 6 of Commission Implementing Regulation 2017/2469, alleging that those provisions are void because they are in breach of the principle of legal certainty and of the principle of equal treatment. |
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3.

Third plea in law, a subsidiary plea to the effect that, if neither the first plea nor the second plea is upheld, the applicants submit a plea of illegality based on Article 277 TFEU against Article 10(6) of Regulation 2015/2283 (3) and Article 6 of Commission Implementing Regulation 2017/2469, alleging that those provisions are void because they are in breach of the principle of legal certainty and of the principle of equal treatment.

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(1)  Document reference: C(2022)3478.

(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 foods (OJ 2017 L 351, p. 64).

(3)  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).

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