# C_2011139EN.01001203.xml

| 7.5.2011 | EN | Official Journal of the European Union | C 139/12 |
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7.5.2011

EN

Official Journal of the European Union

C 139/12

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Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 February 2011 — Schutzverband der Spirituosen-Industrie eV v Sonnthurn Vertriebs GmbH

(Case C-51/11)

2011/C 139/21

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Schutzverband der Spirituosen-Industrie eV

Applicant:

Defendant: Sonnthurn Vertriebs GmbH

Defendant:

Questions referred

Questions referred

| 1. | Does the concept of health in the definition of the expression ‘health claim’ in Article 2(2)(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, (1) last amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, (2) also cover general well-being? |
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1.

Does the concept of health in the definition of the expression ‘health claim’ in Article 2(2)(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, (1) last amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, (2) also cover general well-being?

1

2

| 2. | If the answer to Question 1 is in the negative:
  Is a statement made in commercial communications, whether in the labelling, presentation or advertising of foods, which are to be to be delivered as such to the final consumer, intended to cover at least also general well-being or merely health-related well-being where it refers to one of the functions mentioned in Article 13(1) and Article 14(1) of Regulation (EC) No 1924/2006 in the manner described in Article 2(2)(5) thereof? |
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2.

If the answer to Question 1 is in the negative:

Is a statement made in commercial communications, whether in the labelling, presentation or advertising of foods, which are to be to be delivered as such to the final consumer, intended to cover at least also general well-being or merely health-related well-being where it refers to one of the functions mentioned in Article 13(1) and Article 14(1) of Regulation (EC) No 1924/2006 in the manner described in Article 2(2)(5) thereof?

| 3. | If the answer to Question 1 is in the negative and a statement in the sense described in Question 2 is intended to cover at least also health-related well-being:
  Having regard to the freedom of expression and information under Article 6(3) TEU, in conjunction with Article 10 of the ECHR, is it consistent with the Community law principle of proportionality to include in the scope of the prohibition laid down in the first sentence of Article 4(3) of Regulation (EC) No 1924/2006 a statement that a particular beverage containing more than 1,2 % by volume of alcohol does not place a strain on or adversely affect the body or its functions? |
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3.

If the answer to Question 1 is in the negative and a statement in the sense described in Question 2 is intended to cover at least also health-related well-being:

Having regard to the freedom of expression and information under Article 6(3) TEU, in conjunction with Article 10 of the ECHR, is it consistent with the Community law principle of proportionality to include in the scope of the prohibition laid down in the first sentence of Article 4(3) of Regulation (EC) No 1924/2006 a statement that a particular beverage containing more than 1,2 % by volume of alcohol does not place a strain on or adversely affect the body or its functions?

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(1)  OJ 2006 L 404, p. 9.

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(2)  OJ 2010 L 37, p. 16.

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