CELEX: C2000/063/06
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 December 1999 in Case C-101/98 (reference for a preliminary ruling from the Bundesgerichtshof): Union Deutsche Lebensmittelwerke GmbH v Schutzverband gegen Unwesen in der Wirtschaft eV (Protection of designations used in marketing of milk and milk products — Regulation (EEC) No 1898/87 — Directive 89/398/EEC — Use of the designation cheese to describe a dietary product in which the natural fat has been replaced by vegetable fat)

C 63/4                  EN                      Official Journal of the European Communities                                           4.3.2000
                 JUDGMENT OF THE COURT                                     2. In the case of products derived from milk in which a natural
                                                                               constituent of milk has been replaced by a foreign substance, a
                                                                               designation such as ‘Dietary cheese (Dietary soft cheese) contain-
                         (Sixth Chamber)                                       ing vegetable oil for a fat-modified diet’ may not be used even
                                                                               when that designation is accompanied by additional descriptions
                                                                               on the products’ packaging, such as ‘This dietary cheese is rich in
                      of 16 December 1999                                      polyunsaturated fats’ or ‘This dietary cheese is ideal for a
                                                                               cholesterol-conscious lifestyle’.
in Case C-101/98 (reference for a preliminary ruling from                  (1) OJ C 209 of 4.7.1998.
the Bundesgerichtshof): Union Deutsche Lebensmit-
telwerke GmbH v Schutzverband gegen Unwesen in der
                         Wirtschaft eV (1)
(Protection of designations used in marketing of milk and
milk products — Regulation (EEC) No 1898/87 — Directive
89/398/EEC — Use of the designation cheese to describe a                                    JUDGMENT OF THE COURT
dietary product in which the natural fat has been replaced by
                            vegetable fat)                                                         (Second Chamber)
                                                                                                 of 16 December 1999
                           (2000/C 63/06)
                                                                           in Case C-150/98 P: Economic and Social Committee
                                                                                                            v E ( 1)
                   (Language of the case: German)
                                                                           (Appeal — Officials — Freedom of expression in relation to
                                                                           hierarchical superiors — Duty of loyalty and obligation to
                                                                           uphold the dignity of the service — Disciplinary measure —
(Provisional translation; the definitive translation will be published                             Relegation in step)
                   in the European Court Reports)
                                                                                                     (2000/C 63/07)
In Case C-101/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundesgerichts-                                   (Language of the case: Spanish)
hof, Germany, for a preliminary ruling in the proceedings
pending before that court between Union Deutsche Lebensmit-
telwerke GmbH and Schutzverband gegen Unwesen in der                       (Provisional translation; the definitive translation will be published
Wirtschaft eV — on the interpretation of Article 3(1) of                                      in the European Court Reports)
Council Regulation (EEC) No 1898/87 of 2 July 1987 on the
protection of designations used in marketing of milk and milk              In Case C-150/98 P: Economic and Social Committee (Agent:
products (OJ 1987 L 182, p. 36) and of Article 3(2) of Council             M. Bermejo Garde) — appeal against the judgment of the
Directive 89/398/EEC of 3 May 1989 on the approximation                    Court of First Instance (Third Chamber) of 17 February 1998
of the laws of the Member States relating to foodstuffs intended           in Case T-183/96 Economic and Social Committee v E [1998]
for particular nutritional uses (OJ 1989 L 186, p. 27) — the               ECR I-A-67 and II-159, seeking to have that judgment set
Court (Sixth Chamber), composed of: R. Schintgen (Rappor-                  aside, the other party to the proceedings being E, former
teur), President of the Second Chamber, acting as President of             official of the Economic and Social Committee, residing in
the Sixth Chamber, P.J.G. Kapteyn and G. Hirsch, Judges;                   Brussels, Belgium — the Court (Second Chamber), composed
A. Saggio, Advocate General; H.A. Rühl, Principal Adminis-                 of: R. Schintgen (Rapporteur), President of the Chamber,
trator, for the Registrar, has given a judgment on 16 December             G. Hirsch and H. Ragnemalm, Judges; J. Mischo, Advocate
1999, in which it has ruled:                                               General; R. Grass, Registrar, has given a judgment on
                                                                           16 December 1999, in which it:
1. Article 3(1) of Council Regulation (EEC) No 1898/87 of 2 July           1. Dismisses the appeal;
    1987 on the protection of designations used in marketing of
    milk and milk products, read in conjunction with Article 3(2) of       2. Orders the Economic and Social Committee to pay the costs.
    Council Directive 89/398/EEC of 3 May 1989 on the
    approximation of the laws of the Member States relating to
    foodstuffs intended for particular nutritional uses, is to be          (1) OJ C 209 of 4.7.1998.
    interpreted as meaning that a milk product in which the milk fat
    has been replaced by vegetable fat for dietetic reasons may not be
    designated as ‘cheese’.