CELEX: 62019CN0363
Language: en
Date: 2019-05-07 00:00:00
Title: Case C-363/19: Request for a preliminary ruling from the Patent- and marknadsdomstolen (Sweden) lodged on 7 May 2019 — Konsumentombudsmannen v Mezina AB

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?
               
            
                  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?
               
            
                  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?
               
            
         (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).