Order — ECLI:EU:T:2017:205
Date: 2017-03-20
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Agriculture and Fisheries
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Eighth Chamber) of 20 March 2017 — Kohrener Landmolkerei and DHG v Commission (Case T‑199/16) (Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law) 1. Judicial proceedings — Decision taken by way of reasoned order — Conditions — Appeal manifestly inadmissible or manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see para. 26) 2. Judicial proceedings — Examination of the substance before examination of admissibility — Lawfulness (see para. 34) 3. Agriculture — Uniform legislation — System of traditional specialities guaranteed (TSG) — Regulation No 1151/2012 — Application for inclusion in the TSG register of the name of a product or foodstuff — Opposition proceedings — Act of opposition lodged with the Member State of residence — Time-limit of three months from the date of publication of the application for inclusion in the Official Journal for the Member State to notify the said act to the Commission — Non-compliance with time-limit — No obligation on the Commission to take account of the date on which the act of opposition lodged (European Parliament and Council Regulation No 1151/2012, Art. 51(1), first and second subparas) (see paras 35, 38, 39) 4. Agriculture — Uniform legislation — System of traditional specialities guaranteed (TSG) — Regulation No 1151/2012 — Application for inclusion in the TSG register of the name of a product or foodstuff — Refusal by the Commission to commence an opposition procedure — Annulment action brought against that refusal — No suspensive effect on the registration procedure (European Parliament and Council Regulation No 1151/2012) (see para. 43) Re: ACTION pursuant to Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2016/304 of 2 March 2016 entering a name in the register of traditional specialities guaranteed (Heumilch/Haymilk/Latte fieno/Lait de foin/Leche de heno (TSG)) (OJ 2016 L 58, p. 28). Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. Kohrener Landmolkerei GmbH and DHG Deutsche Heumilchgesellschaft mbH are ordered to bear their own costs and pay those incurred by the European Commission.