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Case C-289/16: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 May 2016 — Kamin und Grill Shop GmbH v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main e.V.
ECLI:EU:UNKNOWN:62016CN0289
62016CN0289
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Valentina R., lawyer
26.9.2016
Official Journal of the European Union
C 350/14
(Case C-289/16)
(2016/C 350/17)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Kamin und Grill Shop GmbH
Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main e.V.
Question referred
Is there already a ‘direct’ sale to the final customer within the meaning of Article 28(2) of Regulation (EC) No 834/2007 where the operator or his sales personnel sells the products to the final customer without the intervention of a third party, or does a ‘direct’ sale additionally require that the sale occurs at the place where the products are stored when both the operator or his sales personnel and the final consumer are present at the same time?
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ 2007 L 189, p. 1).
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Language of the case: German