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Case C-609/12: Judgment of the Court (Fourth Chamber) of 10 April 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Ehrmann AG v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV (Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Labelling and presentation of those foods — Article 10(2) — Temporal application — Article 28(5) and (6) — Transitional measures)
ECLI:EU:UNKNOWN:62012CA0609
62012CA0609
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Official Journal of the European Union
C 175/10
(Case C-609/12) (<span class="super">1</span>)
((Reference for a preliminary ruling - Consumer information and protection - Regulation (EC) No 1924/2006 - Nutrition and health claims made on foods - Labelling and presentation of those foods - Article 10(2) - Temporal application - Article 28(5) and (6) - Transitional measures))
2014/C 175/11
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ehrmann AG
Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Re:
Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Articles 10(1) and (2), 28(5) and 29 of 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 (OJ 2006 L 404, p. 9), as amended by Commission Regulation (EU) No 116/2010 of 9 February 2010 (OJ 2010 L 37, p. 16) — Health claims — Specific conditions — Temporal application
Operative part of the judgment
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 (EU) No 116/2010 of 9 February 2010, must be interpreted as meaning that the obligations to provide information laid down in Article 10(2) of that regulation were already in force in 2010 as regards health claims that were not prohibited on the basis of Article 10(1), read in conjunction with Article 28(5) and (6) of that regulation.
(<span class="note">1</span>) OJ C 101, 6.4.2013.