CELEX: C2006/261/06
Language: en
Date: 2006-10-28 00:00:00
Title: Case C-489/04: Judgment of the Court (Fourth Chamber) of 7 September 2006 (reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen, Germany) — Alexander Jehle, Weinhaus Kiderlen v Land Baden-Württemberg (Regulation (EC) No 1019/2002 — First paragraph of Article 2 — Olive oil and olive-pomace oil — Marketing standards — Retail trade — Presentation to the final consumer — So-called bag in the box method)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/4
            
         Judgment of the Court (Fourth Chamber) of 7 September 2006 (reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen, Germany) — Alexander Jehle, Weinhaus Kiderlen v Land Baden-Württemberg
   (Case C-489/04) (1)
   
   (Regulation (EC) No 1019/2002 - First paragraph of Article 2 - Olive oil and olive-pomace oil - Marketing standards - Retail trade - Presentation to the final consumer - So-called ‘bag in the box’ method)
   (2006/C 261/06)
   Language of the case: German
   Referring court
   Verwaltungsgericht Sigmaringen
   Parties to the main proceedings
   
      Applicants: Alexander Jehle, Weinhaus Kiderlen
   
      Defendant: Land Baden-Württemberg
   Re:
   Preliminary ruling — Verwaltungsgericht Sigmaringen — Interpretation of the first paragraph of Article 2 of Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil (OJ 2002 L 155, p. 27) — Presentation of olive oils and olive-pomace oils to final consumers in pre-sealed packaging having a maximum capacity of five litres — Possibility of selling olive oil which is presented in a five-litre ‘Bag in the Box’ and which consumers draw off in smaller amounts within the shop
   Operative part of the judgment
   
               1.
            
            
               Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil, as amended by Commission Regulation (EC) No 1176/2003 of 1 July 2003, and in particular the first paragraph of Article 2 thereof, 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.
            
         
               2.
            
            
               The first paragraph of Article 2 of Regulation No 1019/2002, as amended by Regulation (EC) No 1176/2003, must be construed as prohibiting a method of marketing, such as that used by the applicant in the main proceedings, which does not meet the conditions laid down by that provision.
            
         
      (1)  OJ C 45, 19.2.2005.