Zentrale zur Bekampfung unlauteren Wettbewerbs Frankfurt am Main (Opinion) French Text [2019] EUECJ C-686/17_O (04 April 2019)

Zentrale zur Bekampfung unlauteren Wettbewerbs Frankfurt am Main (Opinion) French Text [2019] EUECJ C-686/17_O (04 April 2019)

The country of origin for fresh fruit and vegetables under EU law is the country of harvest, as defined by customs regulations, irrespective of production steps in other Member States. The omission of explanatory notes regarding production steps does not constitute misleading information under consumer protection...

Source-derived case information.

Citation
[2019] EUECJ C-686/17_O
Parties
Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV; Respondent: Prime Champ Deutschland Pilzkulturen GmbH
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion proposes that indication of country of origin as the country of harvest is lawful and not misleading under EU law.
Legal Topics
Food Labelling, Country of Origin, Misleading Advertising, Market Organisation, Non Preferential Origin, Consumer Information
EU Law Consumer Protection Agricultural Law Customs Law Food Labelling Country of Origin Misleading Advertising Market Organisation +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV

Applicant

Prime Champ Deutschland Pilzkulturen GmbH

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Interpretation of 'country of origin' for fresh fruit and vegetables under EU agricultural and customs law
  2. 2 Applicability of consumer protection rules against misleading labelling to mandatory origin indications
  3. 3 Whether omission of explanatory notes on origin constitutes misleading information

Ratio Decidendi

The country of origin for fresh fruit and vegetables under EU law is the country of harvest, as defined by customs regulations, irrespective of production steps in other Member States. The omission of explanatory notes regarding production steps does not constitute misleading information under consumer protection law, since the legislator has determined that such information is not substantial for the average consumer. Consumer protection rules do not override mandatory origin labelling requirements in agricultural law.

Court Disposition

Opinion proposes that indication of country of origin as the country of harvest is lawful and not misleading under EU law.