Case Comment on BGH-Judgment of 17.01.2013, I ZR 5/12 (OLG Frankfurt am Main) – “Vitalpilze” The German Federal Court responded to the hesitant completion of the conditions for the applicability of Regulation (EC) No. 1924/2006 on Nutrition and Health Claims: It decided that non-specific references to health are temporarily permitted by law because of the current non-applicability of Art. 10 para. 3 of the Regulation. Moreover, the Federal Court ruled in its judgement which statements are specific as well as non-specific health claims.