# C_2019383EN.01001202.xml

| 11.11.2019 | EN | Official Journal of the European Union | C 383/12 |
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11.11.2019

EN

Official Journal of the European Union

C 383/12

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Judgment of the Court (First Chamber) of 4 September 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v Prime Champ Deutschland Pilzkulturen GmbH

(Case C-686/17) (1)

(Reference for a preliminary ruling - Common organisation of the markets in agricultural products - Fruit and vegetables - Marketing rules - Concept of ‘country of origin’ - Regulation (EC) No 1260/2001 - Article 113 a(1) - Regulation (EU) No 1308/2013 - Article 76(1) - Definitions concerning the non-preferential origin of goods - Regulation (EEC) No 2913/92 - Article 23(1) and 23(2)(b) - Regulation (EU) No 952/2013 - Article 60()1 - Delegated Regulation (EU)2015/2446 - Article 31(b) - Production steps carried out in another Member States - Labelling of foodstuffs - Prohibition on labelling which may mislead the consumer - Directive 2000/13/EC - Article 2(1)(a)(i) - Regulation (EU) No 1169/2011 - Article 7(1)(a) - Article 1(4) - Article 2(3) - Explanatory notes)

(2019/C 383/11)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV

Defendant: Prime Champ Deutschland Pilzkulturen GmbH

Operative part of the judgment

| 1. | Article 113a(1) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, as amended by Council Regulation (EEC) No 361/2008 of 14 April 2008 and Article 76(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and No 1234/2007, must be interpreted as meaning that, for the purposes of defining the concept of ‘country of origin’, as referred to in those provisions, it is appropriate to refer to customs regulations relating to the determination of the non-preferential origin of goods, namely Article 23 et seq. (EEC) No 2913/92 of the Council of 12 October 1992 establishing the Community Customs Code and Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code; |
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1.

Article 113a(1) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, as amended by Council Regulation (EEC) No 361/2008 of 14 April 2008 and Article 76(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and No 1234/2007, must be interpreted as meaning that, for the purposes of defining the concept of ‘country of origin’, as referred to in those provisions, it is appropriate to refer to customs regulations relating to the determination of the non-preferential origin of goods, namely Article 23 et seq. (EEC) No 2913/92 of the Council of 12 October 1992 establishing the Community Customs Code and Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;

| 2. | Article 23(1) and 23(2)(b) of Regulation No 2913/92 and Article 60(1) of Regulation No 952/2013, read in conjunction with Article 31(b) of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation No 952/2013 as regards detailed rules concerning certain provisions of the Union Customs Code, must be interpreted as meaning that the country of origin of cultivated fungi is the country in which they were harvested, within the meaning of those provisions, notwithstanding that substantial production steps take place in other Member States of the European Union and that cultivated fungi are transported to the territory of harvest only three days or less before the first harvest; |
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2.

Article 23(1) and 23(2)(b) of Regulation No 2913/92 and Article 60(1) of Regulation No 952/2013, read in conjunction with Article 31(b) of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation No 952/2013 as regards detailed rules concerning certain provisions of the Union Customs Code, must be interpreted as meaning that the country of origin of cultivated fungi is the country in which they were harvested, within the meaning of those provisions, notwithstanding that substantial production steps take place in other Member States of the European Union and that cultivated fungi are transported to the territory of harvest only three days or less before the first harvest;

| 3. | The general prohibition on misleading the consumer as regards the country of origin of foodstuffs, laid down in Article 2(1)(a)(i) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs and Article 7(1)(a) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13, Commission Directives 2002/67/EC and 2008/5/EC of the Commission and Regulation (EC) No 608/2004 of the Commission, does not apply, in so far as concerns fresh fruit and vegetables, to the indication of origin required under Article 113a(1) of Regulation No 1234/2007, as amended by Regulation (EC) No 361/2008 and Article 76(1) of Regulation No 1308/2013; |
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3.

The general prohibition on misleading the consumer as regards the country of origin of foodstuffs, laid down in Article 2(1)(a)(i) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs and Article 7(1)(a) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13, Commission Directives 2002/67/EC and 2008/5/EC of the Commission and Regulation (EC) No 608/2004 of the Commission, does not apply, in so far as concerns fresh fruit and vegetables, to the indication of origin required under Article 113a(1) of Regulation No 1234/2007, as amended by Regulation (EC) No 361/2008 and Article 76(1) of Regulation No 1308/2013;

| 4. | Union law must be interpreted as meaning that explanatory notes may not be imposed in addition to the indication of the country of origin required under Article 113a(1) of Regulation No 1234/2007, as amended by Regulation No 361/2008, and Article 76(1) of Regulation No 1308/2013, in order to avoid misleading the consumer in accordance with the prohibition laid down in Article 2(1)(a)(i) of Directive 2000/13 and Article 7(1)(a) of Regulation No 1169/2011. |
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4.

Union law must be interpreted as meaning that explanatory notes may not be imposed in addition to the indication of the country of origin required under Article 113a(1) of Regulation No 1234/2007, as amended by Regulation No 361/2008, and Article 76(1) of Regulation No 1308/2013, in order to avoid misleading the consumer in accordance with the prohibition laid down in Article 2(1)(a)(i) of Directive 2000/13 and Article 7(1)(a) of Regulation No 1169/2011.

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(1)  OJ C 104, 19.3.2018.

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