Дело T-***/**: *****************, Определение от **.**.2021 г.

Текст

... 2021/468 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Application for suspension of operation of a measure – No urgency)

In Case T‑189/21 R,

Aloe Vera of Europe BV, established in Amsterdam (Netherlands), represented by B. Van Vooren, lawyer,

applicant,

v

European Commission, represented by W. Farrell and B. Rous Demiri, acting as Agents,

defendant,

APPLICATION under Articles 278 and 279 TFEU for suspension of operation of Commission Regulation (EU) 2021/468 of 18 March 2021 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives (OJ 2021 L 96, p. 6), for a period of nine months from the date of the present order,

THE PRESIDENT OF THE GENERAL COURT

makes the following

Order

Background to the dispute

1. The applicant, Aloe Vera of Europe BV, is a company incorporated under Netherlands law which is part of a group controlled by Aloe Vera of America, Inc. The applicant is a manufacturer of Aloe vera inner leaf gel containing residual hydroxyanthracene derivatives (‘HADs’).

2. Plants containing HADs are numerous and belong to different families and genera. They are widely used in food supplements and herbal medicinal products for their laxative effect.

3. On 9 October 2013, the European Food Safety Authority (EFSA) issued a scientific opinion on the scientific substantiation of a health claim related to HADs and improvement of bowel function. According to that opinion, HADs in food can improve bowel ...