Order — ECLI:EU:T:2013:567
Date: 2013-10-15
Language of the case: German
Court formation: Second Chamber
Subject matter: Public health
Procedure: Action for annulment - unfounded;Action for damages - unfounded;Action for annulment - inadmissible
Origin: Germany

summary of the pleas in law on which the application is based — Action for compensation for damage caused by an EU institution (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 58) 6. Actions for damages — Imminent and foreseeable damage — Establishing the liability of the Union — Referral to the General Court — Lawfulness (Art. 340 TFEU) (see para. 59) 7. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Actual and certain damage — Burden of proof — Action not containing any evidence or even offer of evidence — Action manifestly devoid of legal foundation (Art. 340, second para., TFEU; Rules of Procedure of the General Court, Art. 44(1)(c) and (e)) (see paras 59, 62, 65-69) Re: APPLICATION for annulment of Regulation (EU) No 1131/2011 of the Commission of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides (OJ 2011 L 295, p. 205), in so far as it authorises the use of steviol glycosides extracted from the leaves of the Stevia rebaudiana Bertoni plant only as food additives and not as vegetable ingredients of agricultural origin or as aromatic preparations, and a claim for compensation. Operative part 1. The application is dismissed. 2. Andechser Molkerei Scheitz GmbH is ordered to bear its own costs and to pay those incurred by the Commission.