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Case C-216/23, Hauser Weinimport: Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 4 April 2023 — Hauser Weinimport GmbH v Freistaat Bayern
ECLI:EU:UNKNOWN:62023CN0216
62023CN0216
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Valentina R., lawyer
31.7.2023
EN
Official Journal of the European Union
C 271/14
(Case C-216/23, Hauser Weinimport)
(2023/C 271/19)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Hauser Weinimport GmbH
Defendant: Freistaat Bayern
Questions referred
1.Is Article 3(4)(c) of Regulation (EU) No 251/2014 (1) to be interpreted as meaning that the term ‘alcohol’ also includes a drink which contains alcohol and is not a grapevine product within the meaning of Article 3(4)(a) of Regulation (EU) No 251/2014?
2.Does ‘added’ within the meaning of Article 3(4)(c) of Regulation (EU) No 251/2014 mean that the alcoholic strength of the end product must have increased by comparison with the grapevine product used in accordance with Article 3(4)(a) of Regulation (EU) No 251/2014?
3.If Question 1 is answered in the affirmative, is the first sentence of Article 3(1) of Regulation (EU) No 251/2014, read in conjunction with Annex I(1)(b)(ii) thereto, to be interpreted as meaning that the term ‘flavouring foodstuff’ includes an alcohol-containing drink within the meaning of Question 1?
(1) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ 2014 L 84, p. 14).