Opinion of the Advocate General — ECLI:EU:C:2015:220
Date: 2015-04-14
Language of the case: Slovenian
Subject matter: Environment;Internal market - Principles;Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Slovenia

Summary — Judgment of the Court (Third Chamber), 24 June 2015 1. EU law — Interpretation — Taking account of the context and usual meaning of the terms — Texts in several languages — Differences between the various language versions — General scheme and purpose of the rules at issue taken into account 2. Approximation of laws — Natural mineral waters — Directive 2009/54 — Exploitation and marketing of natural mineral waters — Natural mineral water from one and the same spring — Meaning (European Parliament and Council Directives 2009/54, Arts 4(1)(a) to (c), 6, 7(2)(a), 8(2) and 12(a) and (b)) 3. Approximation of laws — European Union water policy — Natural mineral waters — Directives 2000/60 and 2009/54 — Different objectives (European Parliament and Council Directives 2000/60 and 2009/54) 1. See the text of the decision. (see paras 25, 26) 2. The notion of ‘natural mineral water from one and the same spring’, contained in Article 8(2) of Directive 2009/54 on the exploitation and marketing of natural mineral waters must be interpreted as referring to a natural mineral water that is drawn from one or more natural or bore exits, and which originates in one and the same underground water table or in one and the same underground deposit, where, at all those natural or bore exits, that water has identical characteristics, pursuant to the criteria specified in Annex I to Directive 2009/54, that remain stable within the limits of natural fluctuation. The notion of a ‘spring’ contained in Article 8(2) of Directive 2009/54 cannot be equated with either the notion of ‘underground water table or deposit’ or with the notion of an ‘exit’. Given that natural mineral waters are also defined on the basis of their composition, the characteristics of a natural mineral water play a decisive role in its identification. In addition, given that (i) labels on natural mineral waters must indicate the place where the spring is exploited and the name of the spring, (ii) that name plays a decisive role in the identification of that water by consumers and (iii) the identification of a given natural mineral water is primarily based on its characteristics, it is necessarily those characteristics that essentially determine the identity of the spring that the water originates from. That interpretation is, firstly, supported by the general scheme of Directive 2009/54, in particular Articles 4(1)(a) to (c), 6, 7(2)(a) and 12(a) and (b) thereof and, secondly, is the only interpretation capable of ensuring the attainment of the objectives pursued by Directive 2009/54, namely to protect the health of consumers, to prevent consumers from being misled and to ensure fair trading. (see paras 29-31, 34-39, 45, operative part) 3. The objectives pursued by Directive 2000/60 establishing a framework for Community action in the field of water policy differ from those pursued by Directive 2009/54 on the exploitation and marketing of natural mineral waters. Whereas the objectives pursued by Directive 2000/60 are essentially environmental, Directive 2009/54 is intended to protect the health of consumers, to prevent consumers from being misled and to ensure fair trading. (see para. 43)