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Case C-563/24, PB Vi Goods: Request for a preliminary ruling from the Landgericht Potsdam (Germany) lodged on 20 August 2024 – Verband Sozialer Wettbewerb e. V. v PB Vi Goods GmbH
ECLI:EU:UNKNOWN:62024CN0563
62024CN0563
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Official Journal of the European Union
EN
C series
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C/2024/5968
14.10.2024
(Case C-563/24, PB Vi Goods)
(C/2024/5968)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Verband Sozialer Wettbewerb e. V.
Defendant: PB Vi Goods GmbH
Questions referred
1.Is Article 10(7) of Regulation (EU) 2019/787 (1) invalid for infringement of Article 16 of the Charter of Fundamental Rights of the European Union, in so far as it prohibits the presentation or labelling of non-alcoholic beverages as ‘non-alcoholic gin’?
2.In the alternative: Is Article 10(7) or Article 12(1) of Regulation (EU) 2019/787 to be interpreted as meaning that, under those provisions, the presentation or labelling of a non-alcoholic beverage as ‘non-alcoholic gin’ is not prohibited solely because the beverage does not reach the minimum alcoholic strength required for it to be named ‘gin’ and has not been produced by flavouring, with juniper berries, ethyl alcohol of agricultural origin (but rather by flavouring water)?
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Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ 2019 L 130, p. 1).
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ELI: http://data.europa.eu/eli/C/2024/5968/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: German.