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Criminal proceeding v. Hermann Josef Goerres, Case C-385/96, CJEU (Fifth Section), 14 July 1998

Date
14/07/1998
Type Judgment
Case number C-385/96

Abstract

Obligation of Member States to prohibit trade in products in the absence of information written in a language easily understood by the buyer. Linguistic protection.

Normative references

Council Directive 79/112 / EEC of 18 December 1978 on the approximation of the laws of the Member States concerning the labelling and presentation of food products intended for the final consumer, as well as related advertising.

Ruling

1. The art. 14 of Directive 79/112 does not preclude national legislation which prescribes, as regards language requirements, the use of a specific language for the labeling of foodstuffs, but which also allows, alternatively, the use another language easily understood by buyers. It is for the national court to assess the comprehensibility of the information, taking into account the fact that the directive provides for the possibility that information may be given not only in a language, but also by means of drawings, symbols or pictograms.

2. The indications required by Directive 79/112, concerning the labelling and presentation of food products intended for the final consumer, as well as the related advertising, must appear on the labelling in a language easily understood by consumers of the State, or by other means, such as drawings, symbols or pictograms. A complementary label affixed in the shop, in the place where the product in question is located, is not a sufficient measure to ensure information and protection for the final consumer.