''Deutsches Weintor eG v Land Rheinland-Pfalz'' (2012
C-544/10is an
EU law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
case, concerning the
free movement of services
The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the Member state of the European Union, member states of the European Union (EU). With certain excep ...
in the European Union.
Facts
The Rheinland-Pfalz food regulator claimed that a wine cooperative in
Ilbesheim bei Landau in der Pfalz should not describe its wine as ‘easily digestible’ (''‘bekömmlich’''), accompanied by a reference to the wine's reduced acidity level, because that was a ‘health claim’ under Regulation No 1924/2006 art 2(2)(5), and should therefore not be allowed generally for alcoholic beverages. Deutsches Weintor argued they were making a claim of general well-being, not health.
The
Bundesverwaltungsgericht
The Federal Administrative Court (, , BVerwG) is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and the state. It hears appea ...
(Federal Administrative Court) referred to the CJEU, suggesting that ‘easily digestible’ was not a health claim, but a comparative claim about the effect of the wine compared to others, and asked what the status might be regarding
CFREU articles 15 and 16 (freedom to choose an occupation and run a business).
Judgment
The Court of Justice, Third Chamber held that the concept of a ‘health claim’ did also cover terms such as ‘easily digestible’. One had to regard, not just
CFREU articles 15 and 16 but also article 35 on a high level of health protection.
See also
*
European Union law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
Notes
{{reflist, 2
References
*
European Union services case law
2012 in case law
2012 in Germany
Advertising regulation
Alcohol in Germany