Sun. Oct 6th, 2024
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EU Judgment in Case C-438/23 Protéines France and Others
04 October
Friday 4th October 2024
EU Judgment in Case C-438/23 Protéines France and Others
(Principles, objectives and tasks of the Treaties – Consumer protection – Foodstuffs)
The association Protéines France, the European Vegetarian Union, the Association végétarienne de France and Beyond Meat Inc – four bodies that promote the distribution and consumption of vegetarian and vegan products – are challenging a French government decree designed to protect the transparency of information about foodstuffs on the market.
In their view, the decree, which would prohibit the use of names such as ‘steak’ or ‘sausage’ to describe processed products containing plant proteins, without or even with the addition of further details such as ‘vegetable’ or ‘soya’, infringes EU law (see Regulation (EU) No 1169/2011).
In order to obtain the annulment of the decree in question, these entities referred the matter to the Council of State, France.
The latter had doubts as to whether the decree could regulate or prohibit the use of the name ‘sausage’ and other names associated with products of animal origin to designate foodstuffs based on plant proteins and asked the Court of Justice for guidance.
Freitag, 4. Oktober 2024
Urteil des Gerichtshofs in der Rechtssache C‑438/23 Protéines France u.a.
Verbot der Verwendung für Fleischprodukte üblicher Bezeichnungen für vegane Produkte
Die französischen Behörden erließen 2022 ein Dekret, wonach für Fleisch-, Wurst- und Fischprodukte übliche Bezeichnungen nicht für Produkte verwendet werden dürfen, die über einen bestimmten Prozentsatz hinaus im Inland hergestellte pflanzliche Proteine enthalten. So dürfen z.B. die Bezeichnungen Soja-Steak und vegane Wurst nicht für Lebensmittel verwendet werden, in denen tierische Proteine durch pflanzliche ersetzt wurden. Für Produkte, die in anderen EU- oder EWR-Mitgliedstaaten oder der Türkei hergestellt wurden, gilt dieses Verbot nicht.
Verschiedene Verbände und Unternehmen, die vegane Lebensmittel fördern bzw. vermarkten, haben dieses Dekret vor dem französischen Staatsrat angefochten. Dieser möchte vom Gerichtshof wissen, ob EU-Recht dem Erlass eines solchen Verbots auf nationaler Ebene entgegensteht.
Generalanwältin Ćapeta hat ihre Schlussanträge am 5. September 2024 vorgelegt.
Details
- Date:
- 04 October
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-438/23 Protéines France
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg - Phone
- +35243031
Organizer
- EU Court of Justice
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