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) |
|
2. |
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) |
|
3. |
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) |
|
4. |
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.