# C_2022198EN.01002502.xml

| 16.5.2022 | EN | Official Journal of the European Union | C 198/25 |
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16.5.2022

EN

Official Journal of the European Union

C 198/25

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Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz (Austria) lodged on 28 February 2022 — TLL The Longevity Labs GmbH v Optimize Health Solutionsmi GmbH and BM

(Case C-141/22)

(2022/C 198/37)

Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Graz

Parties to the main proceedings

Applicant: TLL The Longevity Labs GmbH

Defendants: Optimize Health Solutionsmi GmbH, BM

Questions referred

| 1. | Is Article 3(2)(a)(iv) of Regulation (EU) [2015/2283] (1) of the European Parliament and of the Council of 25 November 2015 on novel foods to be interpreted as meaning that ‘sprouted buckwheat flour with a high spermidine content’ is a novel food, inasmuch as only sprouted buckwheat flour without a raised spermidine content was used for human consumption to a significant degree within the European Union before 15 May 1997 or has a history of safe food use thereafter, irrespective of how the spermidine comes to be in the sprouted buckwheat flour? |
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1.

Is Article 3(2)(a)(iv) of Regulation (EU) [2015/2283] (1) of the European Parliament and of the Council of 25 November 2015 on novel foods to be interpreted as meaning that ‘sprouted buckwheat flour with a high spermidine content’ is a novel food, inasmuch as only sprouted buckwheat flour without a raised spermidine content was used for human consumption to a significant degree within the European Union before 15 May 1997 or has a history of safe food use thereafter, irrespective of how the spermidine comes to be in the sprouted buckwheat flour?

| 2. | If Question 1 is answered in the negative: Is Article 3(2)(a)(vii) of Regulation (EU) [2015/2283] of the European Parliament and of the Council of 25 November 2015 on novel foods to be interpreted as meaning that the term ‘production process’ for food includes primary production processes? |
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2.

If Question 1 is answered in the negative: Is Article 3(2)(a)(vii) of Regulation (EU) [2015/2283] of the European Parliament and of the Council of 25 November 2015 on novel foods to be interpreted as meaning that the term ‘production process’ for food includes primary production processes?

| 3. | If Question 2 is answered in the affirmative: Does the novelty of a production process within the meaning of Article 3(2)(a)(vii) of Regulation (EU) [2015/2283] of the European Parliament and of the Council of 25 November 2015 on novel foods depend on whether the production process itself has never before been used for any food or whether it has not been used for the food under assessment? |
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3.

If Question 2 is answered in the affirmative: Does the novelty of a production process within the meaning of Article 3(2)(a)(vii) of Regulation (EU) [2015/2283] of the European Parliament and of the Council of 25 November 2015 on novel foods depend on whether the production process itself has never before been used for any food or whether it has not been used for the food under assessment?

| 4. | If Question 2 is answered in the negative: Does the germination of buckwheat seed in a nutrient solution containing spermidine qualify as a primary production process for a plant to which food legislation, including Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, does not apply, as the plant is not a food prior to harvesting (Article 2(c) of Regulation (EC) No 178/2002)? (2) |
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4.

If Question 2 is answered in the negative: Does the germination of buckwheat seed in a nutrient solution containing spermidine qualify as a primary production process for a plant to which food legislation, including Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, does not apply, as the plant is not a food prior to harvesting (Article 2(c) of Regulation (EC) No 178/2002)? (2)

| 5. | Does it make a difference if the nutrient solution contains natural or synthetic spermidine? |
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5.

Does it make a difference if the nutrient solution contains natural or synthetic spermidine?

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

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