Judgment — ECLI:EU:C:2010:714
Date: 2010-11-25
Language of the case: Italian
Court formation: First Chamber
Subject matter: Consumer protection;Approximation of laws
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment Approximation of laws – Labelling and presentation of foodstuffs – Directives 79/112, 2000/13 and 2000/36 – Cocoa and chocolate products (European Parliament and Council Directives 2000/13, Art. 2(1)(a), and 2000/36, Art. 3(1) and (5);Council Directive 79/112) A Member State whose legislation provides that the adjective ‘pure’ may be added to the sales name of chocolate products which do not contain vegetable fats other than cocoa butter fails to fulfil its obligations under Article 3(1) of Directive 2000/36 relating to cocoa and chocolate products intended for human consumption in conjunction with Article 2(1)(a) of Directive 2000/13 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, and under Article 3(5) of Directive 2000/36. Directive 2000/36 carried out full harmonisation of the sales names of chocolate products, whilst the Community legislature provided that the addition of substitute vegetable fats does not entail the use of different names for such products but the presence of additional information on the label. Thus, the addition of vegetable fats other than cocoa butter to cocoa and chocolate products which satisfy the minimum contents required by that directive cannot substantially alter the nature of those products to the point where they are transformed into different products. The inclusion in another part of the labelling of a neutral and objective statement informing consumers of the absence from the product of vegetable fats other than cocoa butter would be sufficient to ensure that consumers are given correct information. (see paras 29, 32, 39, 41, 45, 49, operative part)