Mensch und Natur AG v Freistaat Bayern C-327/09, [2011] All ER (D) 23 (May)
A Commission decision taken on the basis of art 7 of the reg and refusing authorisation to place on the market of the EU a food or food ingredient was not binding on any persons other than the person or persons whom that decision specified as its addressees.
By contrast, the competent authorities of a member state had to establish whether a product marketed in the territory of that member state, the characteristics of which appeared to match those of the product which was the subject-matter of that Commission decision, was a novel food or novel food ingredient within the meaning of art 1(2) of the reg and, where necessary, they had to require the person concerned to comply with the provisions of the reg.
