# C_2014184EN.01001601.xml

| 16.6.2014 | EN | Official Journal of the European Union | C 184/16 |
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16.6.2014

EN

Official Journal of the European Union

C 184/16

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 4 April 2014 — Société Neptune Distribution v Minister for Economic Affairs and Finance

(Case C-157/14)

2014/C 184/20

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicant: Société Neptune Distribution

Applicant:

Defendant: Minister for Economic Affairs and Finance

Defendant:

Questions referred

Questions referred

| 1. | Is the basis for calculating the ‘equivalent value for salt’ of the quantity of sodium present in a foodstuff, for the purposes of the annex to Regulation (EC) No 1924/2006, (1) constituted only by the quantity of sodium which, when associated with chloride ions, forms sodium chloride, or table salt, or does it include the total quantity of sodium in all its forms contained in the foodstuff? |
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1.

Is the basis for calculating the ‘equivalent value for salt’ of the quantity of sodium present in a foodstuff, for the purposes of the annex to Regulation (EC) No 1924/2006, (1) constituted only by the quantity of sodium which, when associated with chloride ions, forms sodium chloride, or table salt, or does it include the total quantity of sodium in all its forms contained in the foodstuff?

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| 2. | In the latter case, do Article 2(1) of Directive 2000/13/EC and Article 9(1) and (2) of Directive 2009/54/EC, (2) together with Annex III to the latter directive, read in the light of the equivalence established between sodium and salt in the annex to Regulation (EC) No 1924/2006, infringe the first subparagraph of Article 6(1) of the Treaty on the European Union, read with Article 11(1) (freedom of expression and information) and Article 16 (freedom to conduct a business) of the Charter of Fundamental Freedoms of the European Union, and Article 19 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, by prohibiting a distributor of mineral water from placing on his labels and advertising material any indication as to the low salt content or sodium chloride content, which could be that of his product that is high in sodium bicarbonate, inasmuch as that indication would be likely to mislead the purchaser in regard to the total sodium content of the water?’ |
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2.

In the latter case, do Article 2(1) of Directive 2000/13/EC and Article 9(1) and (2) of Directive 2009/54/EC, (2) together with Annex III to the latter directive, read in the light of the equivalence established between sodium and salt in the annex to Regulation (EC) No 1924/2006, infringe the first subparagraph of Article 6(1) of the Treaty on the European Union, read with Article 11(1) (freedom of expression and information) and Article 16 (freedom to conduct a business) of the Charter of Fundamental Freedoms of the European Union, and Article 19 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, by prohibiting a distributor of mineral water from placing on his labels and advertising material any indication as to the low salt content or sodium chloride content, which could be that of his product that is high in sodium bicarbonate, inasmuch as that indication would be likely to mislead the purchaser in regard to the total sodium content of the water?’

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

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(2)  Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ 2009 L 164, p. 45).

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