Opinion of the Advocate General — ECLI:EU:C:2016:200
Date: 2016-04-05
Language of the case: German
Subject matter: Consumer protection;Approximation of laws;Public health
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Third Chamber), 22 September 2016 1. Questions referred for a preliminary ruling — Admissibility — Need for a preliminary ruling and relevance of the questions referred — Assessment by the national court — Presumption of relevance of the questions referred (Art. 267 TFEU) 2. Approximation of laws — Labelling, presentation and advertising of foodstuffs — Directive 2000/13 – Mandatory particulars required to appear on the packaging of foodstuffs – Prepackaged foodstuffs — Meaning – Individual portions of honey in the form of sealed portion-cups, packed in cartons supplied to mass caterers — Included — Conditions (European Parliament and Council Directive 2000/13, Arts 1(3)(b) and 13(1)) 3. EU law — Interpretation — Texts in several languages — Uniform interpretation — Differences between the various language versions — Account to be taken of the overall scheme and purpose of the legislation in question (European Parliament and Council Directive 2000/13, Art. 1(3)(b)) 1. See the text of the decision. (see paras 33, 34) 2. Article 1(3)(b) of Directive 2000/13 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs must be interpreted as meaning that each of the individual portions of honey presented in the form of portion-cups closed by an aluminium seal and packed in cartons supplied to mass caterers constitutes a pre-packaged foodstuff where the mass caterers sell those portions separately or offer them for sale to the ultimate consumer as part of pre-prepared meals for an all-inclusive price. In the first place, individual portions of honey, which, first, are intended to be offered as such to the ultimate consumer after the mass caterer to whom the carton was delivered has opened the carton and, second, are packed before being offered for sale despite being completely enclosed by their packaging, satisfy several of the conditions set out in that provision for being regarded as pre-packaged foodstuffs. In the second place, it follows from the general scheme of Directive 2000/13 that the labelling obligation under Article 13(1) of the directive concerns foodstuffs intended to be offered for sale as such to the ultimate consumer and mass caterers. That situation may take the form of the separate sale of individual portions of honey to the final consumer in a mass catering establishment, such as a restaurant or a canteen. Such a situation also arises where those portions are offered for sale as part of a pre-prepared meal for an all-inclusive price, for instance as part of a set menu prepared in a mass catering establishment or as a component of a hotel buffet. That fixed price covers all of the goods and services needed in supplying that meal and therefore includes the various components of the meal, including, where relevant, individual portions of honey. That interpretation of Article 1(3)(b) of Directive 2000/13 is supported by the purpose of the directive which aims to inform and protect the final consumer of foodstuffs, in particular as regards the nature, identity, properties, composition, quantity, durability, origin or provenance and method of manufacture or production of those products. The particular interest which the consumer has in the geographical characteristics of honey and full transparency in that regard necessitate that the country of origin in which the honey was harvested be included in the labelling. Such an indication therefore helps to enable the final consumer to make his choice in full knowledge of the facts. (see paras 54, 55, 62-67, 70, 71, 82, operative part) 3. See the text of the decision. (see para. 58)