29.6.2015

Official Journal of the European Union

C 213/18

(Case C-177/15)

(2015/C 213/28)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: Nelsons GmbH

Respondents in the appeal on a point of law: Ayonnax Nutripharm GmbH, Bachblütentreff Ltd

Questions referred

1.Are liquids with an alcohol content of 27 % by volume, which are described as spirit drinks and are sold through pharmacies in 10 ml or 20 ml dropper bottles or as sprays, beverages containing more than 1,2 % by volume of alcohol within the meaning of Article 4(3) of Regulation (EC) No 1924/2006, where, according to the dosage instructions given on the packaging,

(a)four drops of the liquid are to be added to a glass of water and drunk at intervals over the course of the day or four drops are to be taken undiluted, as required,

(b)two sprays of the liquid sold in spray form are to be applied to the tongue?

2.If Questions 1(a) and 1(b) are to be answered in the negative:

Must evidence within the meaning of Article 5(1)(a) and Article 6(1) of Regulation (EC) No 1924/2006 be present also in the case of references to general, non-specific benefits within the meaning of Article 10(3) of that regulation?

3.Does the provision set out in the first half of the sentence contained in Article 28(2) of Regulation (EC) No 1924/2006 apply in the case where, prior to 1 January 2005, the product concerned was marketed under its brand name not as a foodstuff but as a medicinal product?

Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EC) No 1047/2012 of 8 November 2012.

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