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© Martin Kieffer - Attorney
Kieffer Legal Services
Law Firm
Rochusstraße 217, 53123 Bonn
NRW / Germany

Tel.: +49 228 18060951
Fax: +49 228 18060952

June 2017

Euopean Court of Justice: plant-based foods cannot not use diary names

On 14 June 2017 the European Court of Justice ruled that plant-based products cannot be marketed with  diary names such as cheese, butter, cream or jogurt, because these denominations are only protected for animal products pursuant to Regulation 1308/2008.

The Court concluded that designations sich as Tofu butter’, ‘Plant cheese’, ‘Veggie Cheese", etc. cannot be legally used to designate a purely plant-based product unless that product is mentioned on the list of exceptions, which is not the case for soya and tofu (Judgment in Case C-422/16).

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Are online traders of organic foods exempted from the control system of Regulation 834/2007?

With its request for a preliminary ruling, the German Bundesgerichtshof (Federal Court of Justice) submitted a request to the European Court of Justice regarding the interpretation of Regulation No 834/2007, which, in Article 27, obliges Member States to set up a system of controls and, in Article 28(2), allows them to exempt certain types of retailers from that control system. The question that the referring court asks, in essence, is whether online retailers can also benefit from such an exemption.

On 8 June 2017 the Advocate General of the European delivered its opinion to the court.

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