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Case C-289/16: Judgment of the Court (Ninth Chamber) of 12 October 2017 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Kamin und Grill Shop GmbH v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV (Reference for a preliminary ruling — Agriculture — Organic products — Control system established by Regulation (EC) No 834/2007 — Concept of ‘direct sale to the final consumer or user’)
ECLI:EU:UNKNOWN:62016CA0289
62016CA0289
October 12, 2017
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(Case C-289/16) (*1)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Kamin und Grill Shop GmbH
Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Operative part of the judgment
Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 must be interpreted as meaning that, in order for products to be regarded as being sold ‘directly’, within the meaning of that provision, it is necessary for the sale to occur in the presence of both the operator or his sales personnel and the final consumer.
* * *
(*1) OJ C 350, 26.9.2016.
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