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21.11.2009 |
EN |
Official Journal of the European Union |
C 282/21 |
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 14 August 2009 — Mensch und Natur AG v Freistaat Bayern
(Case C-327/09)
2009/C 282/38
Language of the case: German
Referring court
Bayerischer Verwaltungsgerichtshof
Parties to the main proceedings
Applicant: Mensch und Natur AG
Defendant: Freistaat Bayern
Questions referred
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1. |
Does the fourth paragraph of Article 249 EC preclude a Commission decision which, according to its wording, is addressed to a particular person from being interpreted as being also binding on other undertakings which, according to the spirit and purpose of the decision, are to be treated in the same way? |
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2. |
Is the Commission Decision 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 (2000/196/EC), (1) under Article 1 of which Stevia rebaudiana Bertoni: plants and dried leaves may not be placed on the Community market as a food or food ingredient, also binding on the claimant which at present places “Stevia rebaudiana Bertoni: plants and dried leaves” on the Community market? |
(1) Commission Decision 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 under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2000) 77); OJ 2000 L 61, p. 14.