Order of the General Court (Second Chamber) of 15 October 2013 —
Andechser Molkerei Scheitz v Commission
(Case T‑13/12)
Action for annulment and compensation — Public health — List of food additives authorised in foodstuffs — Steviol glycosides — Application inadmissible or manifestly unfounded
1. Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time the action brought — No action capable of securing a benefit for the applicant — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 30-32, 41)
2. Actions for failure to act — Institution not called upon to act — Inadmissibility (Art. 265 TFEU) (see paras 42, 43)
3. Actions for damages — Autonomy in relation to action for annulment and action for failure to act — Scope (see paras 46-49, 51-54)
4. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Action dismissed in its entirety (Art. 340, second para., TFEU) (see paras 56, 57)
5. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Action for compensation for damage caused by an EU institution (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 58)
6. Actions for damages — Imminent and foreseeable damage — Establishing the liability of the Union — Referral to the General Court — Lawfulness (Art. 340 TFEU) (see para. 59)
7. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Actual and certain damage — Burden of proof — Action not containing any evidence or even offer of evidence — Action manifestly devoid of legal foundation (Art. 340, second para., TFEU; Rules of Procedure of the General Court, Art. 44(1)(c) and (e)) (see paras 59, 62, 65-69)
Re:
APPLICATION for annulment of Regulation (EU) No 1131/2011 of the Commission of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides (OJ 2011 L 295, p. 205), in so far as it authorises the use of steviol glycosides extracted from the leaves of the | Stevia rebaudiana | Bertoni plant only as food additives and not as vegetable ingredients of agricultural origin or as aromatic preparations, and a claim for compensation. |
Operative part
1. | | The application is dismissed. |
2. | | Andechser Molkerei Scheitz GmbH is ordered to bear its own costs and to pay those incurred by the Commission. |