Shall Article 1(2)(c) of Regulation (EC) No 258/97 be interpreted as meaning that the expression ‘new primary molecular structure’ relates to foods or food ingredients which were not used for human consumption in the territory of the EU before 15 May 1997, or to those whose molecular structure did not exist as such in nature before that date? In case C-448/14, the EU Court opts for the first solution, thus including in the scope of the Novel Food Regulation also substances of mineral origin. This short note comments on the judgment, with an approach that, though critical, ends up in sharing the Court’s findings.
"New primary molecular structure” and novel foods according to the Court: constructive or demolishing interpretation? The EU Court Judgment in case C-448/14 / Paganizza, V. - In: RIVISTA DI DIRITTO ALIMENTARE. - ISSN 1973-3593. - XI:3(2017), pp. 20-31.
"New primary molecular structure” and novel foods according to the Court: constructive or demolishing interpretation? The EU Court Judgment in case C-448/14
Paganizza V
2017-01-01
Abstract
Shall Article 1(2)(c) of Regulation (EC) No 258/97 be interpreted as meaning that the expression ‘new primary molecular structure’ relates to foods or food ingredients which were not used for human consumption in the territory of the EU before 15 May 1997, or to those whose molecular structure did not exist as such in nature before that date? In case C-448/14, the EU Court opts for the first solution, thus including in the scope of the Novel Food Regulation also substances of mineral origin. This short note comments on the judgment, with an approach that, though critical, ends up in sharing the Court’s findings.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
