Judgment — ECLI:EU:C:2006:527
Date: 2006-09-07
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Oils and fats
Concepts: Olive oil
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Common organisation of the markets – Oils and fats – Olive oil – Marketing standards (Commission Regulation No 1019/2002, as amended by Regulation No 1176/2003, Art. 2, first para.) 2. Agriculture – Common organisation of the markets – Oils and fats – Olive oil – Marketing standards (Commission Regulation No 1019/2002, as amended by Regulation No 1176/2003, Art. 2, first para.) 1. Regulation No 1019/2002 on marketing standards for olive oil, as amended by Regulation No 1176/2003, and in particular the first paragraph of Article 2 thereof, which provides that olive oils and olive-pomace oils are to be presented to the final consumer in packaging of a maximum capacity of five litres, which is to be fitted with an opening system that can no longer be sealed after the first time it is opened and which must also be labelled in accordance with certain specific rules relating to those products, must be construed as meaning that olive oils and olive-pomace oils may be presented to the final consumer only in packaging which complies with the requirements laid down by that provision. (see para. 33, operative part 1) 2. The first paragraph of Article 2 of Regulation No 1019/2002 on marketing standards for olive oil, as amended by Regulation No 1176/2003, which provides that olive oils and olive-pomace oils are to be presented to the final consumer in packaging of a maximum capacity of five litres, which is to be fitted with an opening system that can no longer be sealed after the first time it is opened and which must also be labelled in accordance with certain specific rules relating to those products, is to be construed as prohibiting a method of marketing, such as the so-called ‘bag in the box’ method, which does not meet the conditions laid down by that provision. Owing to the fact the olive oil and olive-pomace oil has to be decanted, at the place of purchase, from a container which is open or which is to be opened into a receptacle purchased or brought by the final consumer, such a method of marketing does not meet the condition set out in the first paragraph of Article 2 relating to an appropriate opening system, which requires, in order to guarantee the authenticity of the olive oil, that the packaging be able to be opened by the final consumer himself. (see paras 40-42, 45, operative part 2)