For these reasons the Court of Justice (Tenth Chamber) has ruled for law:
1. Art. 5 para. 1, Art. 6 para. 1 and 2, Art. 10 para. 1 and Art. 28 para. 5 of Regulation (EC) No. 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods in the version amended by Regulation (EC) No. 107/2008 of the European Parliament and of the Council of January 15, 2008 are to be interpreted as meaning that the regulation as part of the transitional regulation in accordance with Art 28 Paragraph 5 regulates the burden of proof and the standard of evidence for health-related claims within the meaning of Article 13 Paragraph 1 Letter a. The food business operator concerned must be able to justify the claims he uses with generally accepted scientific evidence. The information must have an objective basis that is agreed in the scientific community.
2. If the provisions of Regulation No. 1924/2006, as amended by Regulation No. 107/2008, conflict with the provisions of Directive 2005/29 / EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices in internal market transactions between Companies and consumers and amending Council Directive 84/450 / EEC, Directives 97/7 / EC, 98/27 / EC and 2002/65 / EC of the European Parliament and of the Council as well as Regulation (EC) No. 2006 / 2004 of the European Parliament and of the Council (Directive on Unfair Commercial Practices), the provisions of the regulation take precedence and are authoritative for unfair commercial practices in the area of health claims within the meaning of the regulation.
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