# C_2015213EN.01001801.xml

| 29.6.2015 | EN | Official Journal of the European Union | C 213/18 |
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29.6.2015

EN

Official Journal of the European Union

C 213/18

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 April 2015 — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd

(Case C-177/15)

(2015/C 213/28)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Nelsons GmbH

Appellant on a point of law:

Respondents in the appeal on a point of law: Ayonnax Nutripharm GmbH, Bachblütentreff Ltd

Respondents in the appeal on a point of law:

Questions referred

Questions referred

| 1. | Are liquids with an alcohol content of 27 % by volume, which are described as spirit drinks and are sold through pharmacies in 10 ml or 20 ml dropper bottles or as sprays, beverages containing more than 1,2 % by volume of alcohol within the meaning of Article 4(3) of Regulation (EC) No 1924/2006 (1), where, according to the dosage instructions given on the packaging,






  (a) | four drops of the liquid are to be added to a glass of water and drunk at intervals over the course of the day or four drops are to be taken undiluted, as required, |
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1.

Are liquids with an alcohol content of 27 % by volume, which are described as spirit drinks and are sold through pharmacies in 10 ml or 20 ml dropper bottles or as sprays, beverages containing more than 1,2 % by volume of alcohol within the meaning of Article 4(3) of Regulation (EC) No 1924/2006 (1), where, according to the dosage instructions given on the packaging,

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(a)

four drops of the liquid are to be added to a glass of water and drunk at intervals over the course of the day or four drops are to be taken undiluted, as required,

| (b) | two sprays of the liquid sold in spray form are to be applied to the tongue? |
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(b)

two sprays of the liquid sold in spray form are to be applied to the tongue?

| 2. | If Questions 1(a) and 1(b) are to be answered in the negative:
  Must evidence within the meaning of Article 5(1)(a) and Article 6(1) of Regulation (EC) No 1924/2006 be present also in the case of references to general, non-specific benefits within the meaning of Article 10(3) of that regulation? |
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2.

If Questions 1(a) and 1(b) are to be answered in the negative:

Must evidence within the meaning of Article 5(1)(a) and Article 6(1) of Regulation (EC) No 1924/2006 be present also in the case of references to general, non-specific benefits within the meaning of Article 10(3) of that regulation?

| 3. | Does the provision set out in the first half of the sentence contained in Article 28(2) of Regulation (EC) No 1924/2006 apply in the case where, prior to 1 January 2005, the product concerned was marketed under its brand name not as a foodstuff but as a medicinal product? |
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3.

Does the provision set out in the first half of the sentence contained in Article 28(2) of Regulation (EC) No 1924/2006 apply in the case where, prior to 1 January 2005, the product concerned was marketed under its brand name not as a foodstuff but as a medicinal product?

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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), as amended by Commission Regulation (EC) No 1047/2012 of 8 November 2012 (OJ 2012 L 310, p. 36).

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