CELEX: 62015CA0177
Language: en
Date: 2016-11-23 00:00:00
Title: Case C-177/15: Judgment of the Court (Third Chamber) of 23 November 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd (Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Transitional measures — Article 28(2) — Products bearing trade marks or brand names existing before 1 January 2005 — ‘Bach flower’ remedies — European Union mark RESCUE — Products marketed as medicinal products before 1 January 2005 and as foodstuffs after that date)

30.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/7
            
         Judgment of the Court (Third Chamber) of 23 November 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
   (Case C-177/15) (1)
   
   ((Reference for a preliminary ruling - Consumer information and protection - Regulation (EC) No 1924/2006 - Nutrition and health claims made on foods - Transitional measures - Article 28(2) - Products bearing trade marks or brand names existing before 1 January 2005 - ‘Bach flower’ remedies - European Union mark RESCUE - Products marketed as medicinal products before 1 January 2005 and as foodstuffs after that date))
   (2017/C 030/06)
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Nelsons GmbH
   
      Defendants: Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
   
      Operative part of the judgment
   
   Article 28(2), first sentence, of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Regulation (EC) No 107/2008 of the European Parliament and of the Council of 15 January 2008, must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff after that date.
   
      (1)  OJ C 213, 29.6.2015.