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annul Commission Regulation (EU) 2024/2105 of 31 July 2024 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health. (1)

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order the defendant to pay the costs.

1.

First plea in law: Regulation (EC) 2024/2105 infringes Article 18(4) of Regulation 1924/2006 (2)

The defendant rejected the application for authorisation of a health claim made by the applicant, even though the European Food Safety Authority had issued a favourable scientific assessment. There were no grounds justifying the refusal to authorise the claim. The claim does not run counter to generally accepted nutritional and health principles, nor does it send a contradictory and confusing signal to consumers, nor is it ambiguous or misleading. In addition, the defendant failed to examine the specific conditions of use suggested by the applicant in relation to the claim and it failed to take account of the fact that the suggested additional statements could have made the message less confusing for consumers. Lastly, the situation to be taken into account was not comparable with that on which Regulation (EU) 2015/8 (3) is based.

2.

Second plea in law: Regulation (EU) 2024/2105 is, in its entirety, disproportionate

Given the positive opinion of the European Food Safety Authority regarding the defendant’s health claim, the total advertising prohibition which applies on account of the rejection of the claim is disproportionate.

3.

Third plea in law: Regulation (EU) 2024/2105 breaches the principle of equality

The defendant refused to authorise the scientifically undisputed health claim, even though it has in the past granted authorisation for similar claims, including for isomaltulose.

4.

Fourth plea in law : Regulation (EU) 2024/2105 infringes the obligation to state reasons under the second paragraph of Article 296 TFEU

The contested regulation does not contain a sufficient statement of reasons. It is not recognisable that the defendant has taken into account the defendant’s arguments or that it has carried out an independent examination of those arguments.