Judgment of the Court (Third Chamber) of 14 April 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Mensch und Natur AG v Freistaat Bayern

(Case C-327/09) (1)

(Fourth paragraph of Article 249 EC - Measures adopted by the institutions - Commission decision addressed to a particular person - Regulation (EC) No 258/97 - Novel food or novel food ingredient - Decision 2000/196/EC - ‘Stevia rebaudiana Bertoni: plants and dried leaves’ - Refusal to authorise placing on the market - Effects in relation to a person other than the addressee)

2011/C 179/04

Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Mensch und Natur AG

Defendant: Freistaat Bayern

Re:

Reference for a preliminary ruling — Bayerischer Verwaltungsgerichtshof — Interpretation of the fourth paragraph of Article 249 EC and of Commission Decision 2000/196/EC of 22 February 2000 refusing the placing on the market of ‘Stevia rebaudiana Bertoni: plants and dried leaves’ as a novel food or novel food ingredient in accordance with European Parliament and Council Regulation (EC) No 258/97 (OJ 2000 L 61, p. 14) — Commission decision addressed to a particular person — Effect in relation to a person other than the addressee

Operative part of the judgment

A Commission decision taken on the basis of Article 7 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients and refusing authorisation to place on the market of the European Union a food or food ingredient is not binding on any persons other than the person or persons whom that decision specifies as its addressees. By contrast, the competent authorities of a Member State must establish whether a product marketed in the territory of that Member State, the characteristics of which appear to match those of the product which was the subject-matter of that Commission decision, is a novel food or novel food ingredient within the meaning of Article 1(2) of that regulation and, where necessary, they must require the person concerned to comply with the provisions of that regulation.

(1)  OJ C 282, 21.11.2009.