''Deutsches Weintor eG v Land Rheinland-Pfalz'' (2012
C-544/10is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of services 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 (german: Bundesverwaltungsgericht, ) 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 t ...
(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
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclai ...
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
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclai ...
articles 15 and 16 but also article 35 on a high level of health protection.
See also
*
European Union law
Notes
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References
*
European Union services case law
2012 in case law
2012 in Germany
Advertising regulation
Alcohol in Germany