Douwe Egberts (Approximation of laws) [2004] EUECJ C-239/02 (15 July 2004)

Douwe Egberts (Approximation of laws) [2004] EUECJ C-239/02 (15 July 2004)

Article 2 of Directive 1999/4/EC does not preclude the use of invented or trade names alongside product names; Article 18(1) and (2) of Directive 2000/13/EC preclude national legislation prohibiting references to slimming and medical recommendations in labelling and presentation; Articles 28 and 30 EC preclude national legislation prohibiting such references in advertising of imported foodstuffs.

Citation
[2004] EUECJ C-239/02
Parties
Applicant: Douwe Egberts NV; Manufacturer: Westrom Pharma NV; Distributor (until 31 December 2001): Mr Souranis trading as Etablissements FICS; Distributor (since 1 January 2002): FICS-World BVBA
Jurisdiction
European Union
Judgment Date
15 July 2004
Procedural Posture
Preliminary Reference (article 234 Ec) / Judgment on Referred Questions
Outcome
Preliminary ruling issued; national legislation precluded as described.
Legal Topics
Labelling of Foodstuffs, Advertising of Foodstuffs, Free Movement of Goods, Interpretation of Directives, National Vs EU Law
European Union Law Food Law Consumer Protection Commercial Law Labelling of Foodstuffs Advertising of Foodstuffs Free Movement of Goods Interpretation of Directives +1 more

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Parties

Douwe Egberts NV

Applicant

Westrom Pharma NV

Manufacturer

Mr Souranis trading as Etablissements FICS

Distributor (until 31 December 2001)

FICS-World BVBA

Distributor (since 1 January 2002)

Procedural Posture

Preliminary Reference (article 234 Ec) / Judgment on Referred Questions

Legal Issues

  1. 1 Interpretation of Article 2 of Directive 1999/4/EC regarding use of product names and trade names
  2. 2 Validity of Article 2 of Directive 1999/4/EC in light of Article 28 EC
  3. 3 Interpretation of Article 18 of Directive 2000/13/EC regarding national provisions prohibiting certain statements

Ratio Decidendi

Article 2 of Directive 1999/4/EC does not preclude the use of invented or trade names alongside product names; Article 18(1) and (2) of Directive 2000/13/EC preclude national legislation prohibiting references to slimming and medical recommendations in labelling and presentation; Articles 28 and 30 EC preclude national legislation prohibiting such references in advertising of imported foodstuffs.

Court Disposition

Preliminary ruling issued; national legislation precluded as described.

Orders

  • Article 2 of Directive 1999/4/EC allows use of trade names alongside product names.
  • Article 18(1) and (2) of Directive 2000/13/EC preclude national legislation prohibiting references to slimming and medical recommendations in labelling and presentation.