CELEX: C2002/003/31
Language: en
Date: 2002-01-05 00:00:00
Title: Case C-432/01: Reference for a preliminary ruling by the Unabhängiger Verwaltungssenat of the Land Vorarlberg by order of 29 October 2001 in the appeal brought by Helmut Gunz

C 3/20               EN                   Official Journal of the European Communities                                       5.1.2002
Reference for a preliminary ruling by the Unabhängiger                    foodstuff the property of preventing, treating or curing a
Verwaltungssenat of the Land Vorarlberg by order of                       human disease, or suggest that it possesses such proper-
 29 October 2001 in the appeal brought by Helmut Gunz                     ties, preclude national legislation which makes it an
                                                                          offence when marketing foodstuffs:
                       (Case C-432/01)                                    (a)   to refer to physiological or pharmacological effects,
                                                                                in particular those which preserve youthfulness,
                        (2002/C 3/31)                                           inhibit signs of ageing, promote slimming or main-
                                                                                tain health, or to create the impression of any such
                                                                                effect;
Reference has been made to the Court of Justice of the                    (b) to refer to case histories, recommendations made by
European Communities by order of 29 October 2001 by                             doctors or medical experts’ reports;
the Unabhängiger Verwaltungssenat of the Land Vorarlberg
(Independent Administrative Chamber of the Land Vorarlberg),              (c)   to use health-related, pictorial or stylised represen-
which was received at the Court Registry on 7 November                          tations of organs of the human body, pictures
2001 for a preliminary ruling in the appeal brought by Helmut                   of members of the health-care professions or of
Gunz on the following questions:                                                sanatoria or other pictures or illustrations referring
                                                                                to health-care activities?
1.   Does Article 2(1)(b) of Council Directive 79/112/EEC (1)
     of 18 December 1978 on the approximation of the                 2.   Do the labelling Directive or Articles 28 and 30 EC
     laws of the Member States relating to the labelling,                 preclude a national provision which, on the placing into
     presentation and advertising of foodstuffs for sale to               circulation of foodstuffs, permits health-related infor-
     the ultimate consumer (now consolidated in European                  mation such as that described in question (1) to be affixed
     Parliament and Council Directive 2000/13/EC of                       thereto only after prior authorisation by the competent
     20 March 2000, OJ 2000 L 109, p. 29; hereinafter                     federal minister, whereby a condition of authorisation is
     ‘the labelling Directive’), under which — subject to                 that the health-related information is consistent with
     Community provisions applicable to natural mineral                   protecting the consumer from being misled?
     waters and to foodstuffs for particular nutritional uses,
     the labelling and methods used may not attribute to any         (1) OJ L 33, p. 1.