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Case C-122/21: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 26 February 2021 — Get Fresh Cosmetics Limited v Valstybinė vartotojų teisių apsaugos tarnyba
ECLI:EU:UNKNOWN:62021CN0122
62021CN0122
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10.5.2021
EN
Official Journal of the European Union
C 182/39
(Case C-122/21)
(2021/C 182/54)
Language of the case: Lithuanian
Referring court
Parties to the main proceedings
Appellant: Get Fresh Cosmetics Limited
Respondent: Valstybinė vartotojų teisių apsaugos tarnyba
Questions referred
1.Should Article 1(2) of Council Directive 87/357/EEC (1) of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers be interpreted as defining the products referred to in paragraph 1 of that article as being those which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which could be dangerous as it is demonstrated by objective and substantiated data that this may cause, for example, suffocation, poisoning, or the perforation or obstruction of the digestive tract?
2.If the first question is answered in the affirmative, should the burden of proving this be borne by the competent supervisory authority of the Member State?
(1) OJ 1987 L 192, p. 49.