Mensch und Natur v Freistaat Bayern (Principles of Community law) French Text [2010] EUECJ C-327/09 (23 November 2010)

Mensch und Natur v Freistaat Bayern (Principles of Community law) French Text [2010] EUECJ C-327/09 (23 November 2010)

A Commission decision refusing authorisation of a novel food under Regulation (EC) No 258/97 is binding only on its addressee and does not preclude national authorities from examining, in subsequent administrative or judicial proceedings, whether the same product marketed by another person falls within the scope of...

Source-derived case information.

Citation
[2010] EUECJ C-327/09
Parties
Applicant: Mensch und Natur AG; Respondent: Freistaat Bayern
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Preliminary ruling proposed: A Commission decision refusing authorisation of a novel food is binding only on its addressee and does not prevent national authorities from examining the status of the product in relation to other parties.
Legal Topics
Novel Foods Regulation, Effect of Commission Decisions, Market Authorisation Procedures, Scope of Binding Effect of EU Decisions
European Union Law Food Law Administrative Law Novel Foods Regulation Effect of Commission Decisions Market Authorisation Procedures Scope of Binding Effect of EU Decisions

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Parties

Mensch und Natur AG

Applicant

Freistaat Bayern

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether a Commission decision refusing authorisation of a novel food is binding on persons other than its addressee
  2. 2 Whether national authorities may independently assess if a product is a novel food under Regulation (EC) No 258/97 when a Commission decision exists for another applicant

Ratio Decidendi

A Commission decision refusing authorisation of a novel food under Regulation (EC) No 258/97 is binding only on its addressee and does not preclude national authorities from examining, in subsequent administrative or judicial proceedings, whether the same product marketed by another person falls within the scope of the regulation, particularly as regards whether it was marketed in significant quantities before the regulation entered into force.

Court Disposition

Preliminary ruling proposed: A Commission decision refusing authorisation of a novel food is binding only on its addressee and does not prevent national authorities from examining the status of the product in relation to other parties.