Judgment of the Court (Eighth Chamber) of 8 June 2017.Dextro Energy GmbH & Co. KG v European Commission.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).Case C-296/16 P.

Judgment // 08/06/2017 // 2 min read
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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)

  1. 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)

  1. 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)

  1. 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:

  1. Dismisses the appeal;

  2. Orders Dextro Energy GmbH & Co. KG to pay the costs.

( 1 ) OJ C 287, 8.8.2016.

Consumer protection