Case C‑609/12

Ehrmann AG

v

Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Labelling and presentation of those foods — Article 10(2) — Temporal application — Article 28(5) and (6) — Transitional measures’

Summary — Judgment of the Court (Fourth Chamber), 10 April 2014

Approximation of laws — Nutrition and health claims made on foods — Regulation No 1924/2006 — Conditions for the use of such claims — Obligations relating to labelling, and presentation — Temporal application — List of permitted claims referred to in Article 13 of Regulation not adopted — No effect

(European Parliament and Council Regulation No 1924/2006, as amended by Commission Regulation No 116/2010, Arts 10(1) and (2), 13 and 28(5) and (6))

Regulation No 1924/2006 on nutrition and health claims made on foods, as amended by Regulation No 116/2010, must be interpreted as meaning that the obligations to provide information laid down in Article 10(2) of that regulation were already in force in 2010 as regards health claims that were not prohibited on the basis of Article 10(1), read in conjunction with Article 28(5) and (6) of that regulation. Neither Article 10, nor Article 28(5), nor any other provision of Regulation No 1924/2006 stipulates that Article 10(2) is to apply only after the lists of authorised claims referred to in Article 13 of that regulation have been adopted. Furthermore, regarding a claim which has not been prohibited on the basis of Article 10(1), read in conjunction with Article 28(5) of Regulation No 1924/2006, the fact that the list of authorised claims referred to in Article 13 of that regulation has not yet been adopted does not justify the release of a food business operator from its obligation to give the consumer the information stipulated in Article 10(2).

(see paras 39, 42, 44, operative part)

Case C‑609/12

Ehrmann AG

v

Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Labelling and presentation of those foods — Article 10(2) — Temporal application — Article 28(5) and (6) — Transitional measures’

Summary — Judgment of the Court (Fourth Chamber), 10 April 2014

Approximation of laws — Nutrition and health claims made on foods — Regulation No 1924/2006 — Conditions for the use of such claims — Obligations relating to labelling, and presentation — Temporal application — List of permitted claims referred to in Article 13 of Regulation not adopted — No effect

(European Parliament and Council Regulation No 1924/2006, as amended by Commission Regulation No 116/2010, Arts 10(1) and (2), 13 and 28(5) and (6))

Regulation No 1924/2006 on nutrition and health claims made on foods, as amended by Regulation No 116/2010, must be interpreted as meaning that the obligations to provide information laid down in Article 10(2) of that regulation were already in force in 2010 as regards health claims that were not prohibited on the basis of Article 10(1), read in conjunction with Article 28(5) and (6) of that regulation. Neither Article 10, nor Article 28(5), nor any other provision of Regulation No 1924/2006 stipulates that Article 10(2) is to apply only after the lists of authorised claims referred to in Article 13 of that regulation have been adopted. Furthermore, regarding a claim which has not been prohibited on the basis of Article 10(1), read in conjunction with Article 28(5) of Regulation No 1924/2006, the fact that the list of authorised claims referred to in Article 13 of that regulation has not yet been adopted does not justify the release of a food business operator from its obligation to give the consumer the information stipulated in Article 10(2).

(see paras 39, 42, 44, operative part)