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Case C-240/23, Herbaria Kräuterparadies II: Judgment of the Court (Grand Chamber) of 4 October 2024 (request for a preliminary ruling from the Bundesverwaltungsgericht – Germany) – Herbaria Kräuterparadies GmbH v Freistaat Bayern (Reference for a preliminary ruling – Agriculture and fisheries – Organic products – Regulation (EU) 2018/848 – Organic production rules – Article 16 – Labelling – Article 30 – Terms referring to organic production – Article 33 – Organic production logo of the European Union – Conditions of use – Compliance of the product with Regulation 2018/848 – Articles 45 and 48 – Import of products from a third country for the purpose of placing them on the market within the European Union as organic products – Equivalence of the production rules of that third country with the rules of Regulation 2018/848 – Use of the third country’s organic production logo)
ECLI:EU:UNKNOWN:62023CA0240
62023CA0240
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Official Journal of the European Union
C series
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C/2025/691
10.2.2025
(Case C-240/23,
Herbaria Kräuterparadies II)
(Reference for a preliminary ruling - Agriculture and fisheries - Organic products - Regulation (EU) 2018/848 - Organic production rules - Article 16 - Labelling - Article 30 - Terms referring to organic production - Article 33 - Organic production logo of the European Union - Conditions of use - Compliance of the product with Regulation 2018/848 - Articles 45 and 48 - Import of products from a third country for the purpose of placing them on the market within the European Union as organic products - Equivalence of the production rules of that third country with the rules of Regulation 2018/848 - Use of the third country’s organic production logo)
(C/2025/691)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Herbaria Kräuterparadies GmbH
Defendant: Freistaat Bayern
Operative part of the judgment
Article 30(2) and Article 33(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007
must be interpreted as meaning that neither the organic production logo of the European Union nor, in principle, terms referring to organic production may be used for a processed foodstuff imported from a third country under the conditions laid down in Article 45(1)(b)(iii) and Article 48(1) of that regulation for the purpose of placing it on the market within the European Union as an organic product, where, because that foodstuff contains minerals and vitamins of non-plant origin, it does not meet the requirements of Article 16(1) of that regulation, read in conjunction with point 2.2.2(f) of Part IV of Annex II thereto.
The organic production logo of that third country may, however, be used in the European Union for such a foodstuff, even where that logo contains terms referring to organic production, within the meaning of Article 30(1) of that regulation and Annex IV thereto.
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ELI: http://data.europa.eu/eli/C/2025/691/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: German.