Judgment of the Court (Eighth Chamber) of 8 June 2017 — Dextro Energy v Commission
(Case C‑296/16 P) (1)
(Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA))
1. EU law — Principles — Proportionality — Scope — Discretion of the EU legislature — Judicial review — Limits
(Art. 5(4) TEU)
(see paras 48-50)
2. Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the General Court of the assessment of the evidence — Possible only where the clear sense of the evidence has been distorted
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see paras 56, 57, 73, 97)
3. Appeal — Grounds — Lack of specific criticism of a point of the General Court’s reasoning and of legal arguments in support of the appeal — Inadmissibility
(Art. 256(1), second para., TFEU; Rules of Procedure of the Court of Justice, Art. 168(1)(d); Statute of the Court of Justice, Arts 58, first para.; and 169(2))
(see paras 60, 78, 86, 95, 101, 116)
4. Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility
(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 61)
Operative part
The Court:
2. | | Orders Dextro Energy GmbH & Co. KG to pay the costs. |