Official Journal of the European Union

C 433/18

(Case C-388/20)

(2020/C 433/21)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.

Respondent in the appeal on a point of law: Dr. August Oetker Nahrungsmittel KG

Questions referred

1.Must the second subparagraph of Article 31(3) of the FIR (1) be interpreted as meaning that that article applies solely to foods which require preparation and for which preparation instructions have been provided?

2.If Question 1 is answered in the negative: Does the phrase ‘per 100 g’ in the second subparagraph of Article 33(2) FIR only refer to 100 grams of the product as sold, or does it also — at least additionally — refer to 100 grams of the food after preparation?

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ 2011 L 304, p. 18).

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Language of the case: German.