"New primary molecular structure” and novel foods according to the Court: constructive or demolishing interpretation? The EU Court Judgment in case C-448/14

Shall Article 1(2)(c) of Regulation (EC) No 258/97 be interpreted as meaning that the expression ‘new primary molecular structure’ relates to foods or food ingredients which were not used for human consumption in the territory of the EU before 15 May 1997, or to those whose molecular structure did not exist as such in nature before that date? In case C-448/14, the EU Court opts for the first solution, thus including in the scope of the Novel Food Regulation also substances of mineral origin. This short note comments on the judgment, with an approach that, though critical, ends up in sharing the Court’s findings.