# C_2019246EN.01001101.xml

| 22.7.2019 | EN | Official Journal of the European Union | C 246/11 |
| --- | --- | --- | --- |

22.7.2019

EN

Official Journal of the European Union

C 246/11

---

Request for a preliminary ruling from the Patent- and marknadsdomstolen (Sweden) lodged on 7 May 2019 — Konsumentombudsmannen v Mezina AB

(Case C-363/19)

(2019/C 246/11)

Language of the case: Swedish

Referring court

Patent- and marknadsdomstolen

Parties to the main proceedings

Applicant: Konsumentombudsmannen

Defendant: Mezina AB

Questions referred

| 1. | Do Articles 5 and 6, read in conjunction with Articles 10(1) and 28(5) of Regulation No 1924/2006, (1) regulate the burden of proof when a national court is determining whether unpermitted health claims have been made in a situation where the health claims in question correspond to a claim covered by an application under Article 13(2) of Regulation No 1924/2006, but where the application has not yet led to a decision on authorisation or non-authorisation, or is the burden of proof determined according to national law? |
| --- | --- |

1.

Do Articles 5 and 6, read in conjunction with Articles 10(1) and 28(5) of Regulation No 1924/2006, (1) regulate the burden of proof when a national court is determining whether unpermitted health claims have been made in a situation where the health claims in question correspond to a claim covered by an application under Article 13(2) of Regulation No 1924/2006, but where the application has not yet led to a decision on authorisation or non-authorisation, or is the burden of proof determined according to national law?

| 2. | If the answer to question 1 is that the provisions of Regulation No 1924/2006 regulate the burden of proof, does the burden of proof lie with the trader making a given health claim or with the authority requesting the national court to prohibit the trader from continuing to make the claim? |
| --- | --- |

2.

If the answer to question 1 is that the provisions of Regulation No 1924/2006 regulate the burden of proof, does the burden of proof lie with the trader making a given health claim or with the authority requesting the national court to prohibit the trader from continuing to make the claim?

| 3. | In a situation such as that described in question 1, do Articles 5 and 6, read in conjunction with Articles 10(1) and 28(5) of Regulation No 1924/2006, regulate the evidentiary requirements when a national court is determining whether unpermitted health claims are being made, or are the evidentiary requirements determined according to national law? |
| --- | --- |

3.

In a situation such as that described in question 1, do Articles 5 and 6, read in conjunction with Articles 10(1) and 28(5) of Regulation No 1924/2006, regulate the evidentiary requirements when a national court is determining whether unpermitted health claims are being made, or are the evidentiary requirements determined according to national law?

| 4. | If the answer to question 3 is that the provisions of Regulation No 1924/2006 regulate the evidentiary requirements, what are the evidentiary requirements imposed? |
| --- | --- |

4.

If the answer to question 3 is that the provisions of Regulation No 1924/2006 regulate the evidentiary requirements, what are the evidentiary requirements imposed?

| 5. | Is the answer to questions 1–4 affected by the fact that Regulation No 1924/2006 (including Article 3(a) of the regulation) and Directive 2005/29 (2) can be applied together in the proceedings before the national court? |
| --- | --- |

5.

Is the answer to questions 1–4 affected by the fact that Regulation No 1924/2006 (including Article 3(a) of the regulation) and Directive 2005/29 (2) can be applied together in the proceedings before the national court?

---

(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).

(2)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005, L 149, p. 22).

---