Дело T-***/**: *****************, Определение от **.**.2019 г.

Текст

... 68/19 R,

Micreos Food Safety BV, established in Wageningen (Netherlands), represented by S. Pappas, lawyer,

applicant,

v

European Commission, represented by B. Eggers, W. Farrell and I. Galindo Martín, acting as Agents,

defendant,

APPLICATION pursuant to Articles 278 and 279 TFEU seeking the suspension of the alleged decision by the European Commission of 17 June 2019 by which it allegedly prohibited the placing on the market of ListexTM P100 for use as a processing aid on animal derived Ready-To-Eat-Food,

THE PRESIDENT OF THE GENERAL COURT

makes the following

Order

Background to the dispute, procedure and forms of order sought

1. The applicant, Micreos Food Safety BV, is the producer of a number of phage products both for pharmaceutical and food safety use.

2. The product ListexTM P100 is used to reduce the pathogenic bacterium Listeria monocytogenes from Ready-To-Eat-Food (‘RTE-Food’).

3. According to the applicant, its product ListexTM P100 has been marketed in the European Union since 2006 as a non-decontamination processing aid without having been formally classified as such. Furthermore, according to the applicant, it is ‘recognised in the EU’ as a processing aid for use on fruits and vegetables.

4. In 2007, the applicant approached the European Commission seeking confirmation of the use of Listex™ P100 as a non-decontaminating processing aid on animal-derived RTE-Food on the basis of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ 2008 L 354, p. 16). However, the Commission took the view ...