Judgment of the General Court of 12 June 2015 — Health Food Manufacturers’ Association and Others v Commission
(Case T-296/12) 1
(Consumer protection — Regulation (EU) No 432/2012 — Health claims made on foods — Actions for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Infringement of Articles 13 and 28 of Regulation (EC) No 1924/2006 — Principle of good administration — Non-discrimination — Incorrect assessment criteria — Regulation No 1924/2006 — Plea of illegality — Right to be heard — Legal certainty — Unreasonable transition period — List of claims on hold)
Language of the case: English
Parties
Applicants: The Health Food Manufacturers’ Association (East Molesey, United Kingdom); Quest Vitamins Ltd (Birmingham, United Kingdom); Natures Aid Ltd (Kirkham, United Kingdom); Natuur-& gezondheidsProducten Nederland (Ermelo, Netherlands); and New Care Supplements BV (Oisterwijk, Netherlands) (represented by: B. Kelly and G. Castle, Solicitors, and P. Bogaert, lawyer)
Defendant: European Commission (represented by: L. Flynn and S. Grünheid, acting as Agents)
Interveners in support of the applicants : FederSalus (Rome, Italy); Medestea biotech SpA (Turin, Italy); and Naturando Srl (Osio Sotto, Italy) (represented by: E. Valenti and D. Letizia, lawyers)
Interveners in support of the defendant : French Republic (represented: initially by D. Colas and S. Menez, and subsequently by D. Colas and S. Ghiandoni, acting as Agents); European Parliament (represented by: J. Rodrigues and L. Visaggio, acting as Agents); Council of the European Union (represented by: I. Šulce and M. Moore, acting as Agents); and Bureau européen des unions de consommateurs (BEUC) (Brussels, Belgium) (represented by: S. Pappas, lawyer)
Re:
Action for annulment of Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (OJ 2012 L 136, p. 1), and the alleged decision of the Commission adopting a list of ‘on-hold’ health claims.
Operative part of the judgment
The Court:
Dismisses the action;
Orders The Health Food Manufacturers’ Association, Quest Vitamins Ltd, Natures Aid Ltd, Natuur-& gezondheidsProducten Nederland and New Care Supplements BV to bear their own costs and those incurred by the European Commission;
Orders the French Republic, the European Parliament, the Council of the European Union, the Bureau européen des unions de consommateurs (BEUC), FederSalus, Medestea biotech SpA and Naturando Srl to bear their own costs.
________________________1 OJ C 250, 18.8.2012.