Opinion of the Advocate General — ECLI:EU:C:2002:571
Date: 2002-10-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Approximation of laws — Labelling and presentation of foodstuffs — Directive 
2000/13 — Non-harmonised national rule laying down an obligation to indicate in a 
clear and generally intelligible manner the fact that the period of minimum durability has 
expired — Rule justified on grounds of prevention of fraud on consumers 
(Directive of the European Parliament and the Council 2000/13, Art. 18(2)) 
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SUMMARY — CASE C-229/01 
Directive 2000/13 on the approximation of 
the laws of the Member States relating to 
the labelling, presentation and advertising 
of foodstuffs does not preclude a national 
rule which provides that, where the period 
of minimum durability of a foodstuff has 
expired, that fact must be indicated separ­
ately, clearly and in a generally intelligible 
manner. Such a labelling rule is a non-
harmonised national provision justified on 
the ground of prevention of fraud on 
consumers as provided for in Article 18(2) 
of the directive. The aim of such a rule is to 
inform the consumer of the characteristics 
of a foodstuff and, in particular, of the fact 
that because the period of minimum dura­
bility has expired, the product has lost its 
initial freshness. That information is 
capable of preventing fraud on the con­
sumer, who can, as a result, be sure that the 
product offered for sale retains all its 
original characteristics if the date of mini­
mum durability has not passed. Such meas­
ures, which do not necessarily require an 
additional label to be affixed to every item 
offered for sale after the period of mini­
mum durability has expired, do not go 
beyond what is necessary to prevent fraud. 
(see paras 33, 35, 38, operative part) 
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