This document is an excerpt from the EUR-Lex website
Document 62016TO0199
Order of the General Court (Eighth Chamber) of 20 March 2017.
Kohrener Landmolkerei GmbH and DHG Deutsche Heumilchgesellschaft mbH v European Commission.
Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law.
Case T-199/16.
Order of the General Court (Eighth Chamber) of 20 March 2017.
Kohrener Landmolkerei GmbH and DHG Deutsche Heumilchgesellschaft mbH v European Commission.
Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law.
Case T-199/16.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Eighth Chamber) of 20 March 2017 —
Kohrener Landmolkerei and DHG v Commission
(Case T‑199/16)
(Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law)
1. |
Judicial proceedings—Decision taken by way of reasoned order—Conditions—Appeal manifestly inadmissible or manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see para. 26) |
2. |
Judicial proceedings—Examination of the substance before examination of admissibility—Lawfulness (see para. 34) |
3. |
Agriculture—Uniform legislation—System of traditional specialities guaranteed (TSG)—Regulation No 1151/2012—Application for inclusion in the TSG register of the name of a product or foodstuff—Opposition proceedings—Act of opposition lodged with the Member State of residence—Time-limit of three months from the date of publication of the application for inclusion in the Official Journal for the Member State to notify the said act to the Commission—Non-compliance with time-limit—No obligation on the Commission to take account of the date on which the act of opposition lodged (European Parliament and Council Regulation No 1151/2012, Art. 51(1), first and second subparas) (see paras 35, 38, 39) |
4. |
Agriculture—Uniform legislation—System of traditional specialities guaranteed (TSG)—Regulation No 1151/2012—Application for inclusion in the TSG register of the name of a product or foodstuff—Refusal by the Commission to commence an opposition procedure—Annulment action brought against that refusal—No suspensive effect on the registration procedure (European Parliament and Council Regulation No 1151/2012) (see para. 43) |
Re:
ACTION pursuant to Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2016/304 of 2 March 2016 entering a name in the register of traditional specialities guaranteed (Heumilch/Haymilk/Latte fieno/Lait de foin/Leche de heno (TSG)) (OJ 2016 L 58, p. 28).
Operative part
1. |
The action is dismissed as manifestly lacking any foundation in law. |
2. |
Kohrener Landmolkerei GmbH and DHG Deutsche Heumilchgesellschaft mbH are ordered to bear their own costs and pay those incurred by the European Commission. |