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Case C-366/08: Judgment of the Court (Fourth Chamber) of 10 September 2009 (reference for a preliminary ruling from the Oberlandesgericht München — Germany) — Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v Adolf Darbo AG (Harmonisation of laws — Directive 95/2/EC — Part A of Annex III — Directive 2001/113/EC — Second paragraph of Part II of Annex I — Extra jam with a soluble dry matter content of 58 % and containing potassium sorbate (E 202) as a preservative — Term low sugar jam )
ECLI:EU:UNKNOWN:62008CA0366
62008CA0366
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Official Journal of the European Union
7.11.2009
(Case C-366/08)
(Harmonisation of laws - Directive 95/2/EC - Part A of Annex III - Directive 2001/113/EC - Second paragraph of Part II of Annex I - Extra jam with a soluble dry matter content of 58 % and containing potassium sorbate (E 202) as a preservative - Term ‘low sugar jam’)
2009/C 267/39
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV
Defendant: Adolf Darbo AG
Re:
Reference for a preliminary ruling — Oberlandesgericht München — Interpretation of Part A of Annex III to European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ 1995 L 61, p. 1) and the second paragraph of Part II of Annex I to Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (OJ 2002 L 10, p. 67) — Ability to market, under the name ‘extra jam’, jam with a soluble dry matter content of 58 % and containing potassium sorbate (E 202) as a preservative — Term ‘low-sugar jam’.
Operative part of the judgment
The term ‘low-sugar jams’ in Part A of Annex III to European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners, as amended by Directive 98/72/EC of the European Parliament and of the Council of 15 October 1998, covers jams described as ‘jam’ and ‘extra jam’ which have a sugar content appreciably lower than the reference value of 60 %. Products described as ‘extra jam’ which have a sugar content of 58 % cannot be considered to be low sugar within the meaning of that provision.
(1) OJ C 272, 25.10.2008.