Date: Feb 24, 2011
Keller and Heckman Partner Jean Savigny was quoted in a February 16, 2011 Nutraingredients.com article titled, "Lisbon Treaty could permit EU health claim challenges." The article reported on a presentation given by Mr. Savigny about the EU Regulation on nutrition and health claims, in which he explained that provisions in the 2008 Lisbon Treaty (Treaty on the Functioning of the European Union) that is now in force meant Article 13 health claim rejections could be challenged in European Union courts by individuals and corporations. Before the Lisbon Treaty came into force, this would not have been an easy option because the Article 13 claims being submitted by member states and not individual food operators, it would have been extremely difficult for food operators to demonstrate that the rejection was of direct and individual concern to them. Mr. Savigny noted that the new Article 263 of the Treaty on the Functioning of the European Union introduced by the Lisbon Treaty expanded rights to challenge such rulings and so, "certain operators" could now seek annulment of decisions they could prove were "of direct concern to them," which would arguably be the case if they had been lawfully using the rejected claim in one or more member states prior to the EU Claims Regulation.