Order — ECLI:EU:T:2015:715
Date: 2015-09-16
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Consumer protection;Public health
Procedure: Action for failure to act - inadmissible
Origin: Netherlands

Order of the General Court of 16 September 2015 — VSM Geneesmiddelen v Commission (Case T-578/14) 1 (Action for failure to act and for annulment — Consumer protection — Health claims relating to food — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing proceedings — No interest in bringing proceedings — Non-actionable measure — Inadmissibility) Language of the case: English Parties Applicant: VSM Geneesmiddelen BV (Alkmaar, Netherlands) (represented by: U. Grundmann, lawyer) Defendant: European Commission (represented initially by J. Enegren and subsequently by M. Wilderspin and S. Grünheid, acting as Agents) Re: Application for a declaration that the Commission failed to act in that it unlawfully failed to instruct the European Food Safety Authority (EFSA) to assess health claims relating to botanical substances as a precondition for the adoption of the definitive list of permitted claims in accordance with Article 13(3) of 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) and, in the alternative, an application for annulment of the decision purportedly contained in the Commission’s letter of 19 June 2014 refusing to instruct the EFSA to assess those claims. Operative part of the order 1. The action is dismissed as inadmissible. 2. VSM Geneesmiddelen BV is ordered to pay the costs. ____________ 1 OJ C 339, 29.9.2014.