CELEX: 62009CA0047
Language: en
Date: 2010-11-25 00:00:00
Title: Case C-47/09: Judgment of the Court (First Chamber) of 25 November 2010 — European Commission v Italian Republic (Approximation of laws — Cocoa and chocolate products — Labelling — Addition of the word pure or the phrase pure chocolate to the labelling of certain products)

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/2
            
         Judgment of the Court (First Chamber) of 25 November 2010 — European Commission v Italian Republic
   (Case C-47/09) (1)
   
   (Approximation of laws - Cocoa and chocolate products - Labelling - Addition of the word ‘pure’ or the phrase ‘pure chocolate’ to the labelling of certain products)
   2011/C 30/02
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: F. Clotuche-Duvieusart and D. Nardi, Agents)
   
      Defendant: Italian Republic (represented by: G. Palmieri, Agent, and P. Gentili, avvocato dello Stato)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 3 of Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption (OJ 2000 L 197, p. 9) and Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ 2000 L 109, p. 29) — Labelling of chocolate products — Inclusion of the word ‘puro’ or the phrase ‘cioccolato puro’ in the labelling of chocolate products containing only cocoa butter by way of vegetable fat.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by providing that the adjective ‘pure’ may be added to the sales name of chocolate products which do not contain vegetable fats other than cocoa butter, the Italian Republic has failed to fulfil its obligations under Article 3(5) of Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption and under Article 3(1) of that directive, read in conjunction with Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 82, 4.4.2009.