CJEU Case C-563/24 / Judgment

Verband Sozialer Wettbewerb eV v PB Vi Goods GmbH
Deciding body type
Court of Justice of the European Union
Deciding body
Court ( Seventh Chamber)
Type
Decision
Decision date
13/11/2025
ECLI (European case law identifier)
ECLI:EU:C:2025:887
  • CJEU Case C-563/24 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling – Definition, description, presentation, labelling and protection of spirit drinks – Regulation (EU) 2019/787 – Article 10(7) – Prohibition on using legal names for any beverage that does not comply with the requirements of the relevant categories – Gin – Beverage named ‘non-alcoholic gin’ – Article 12(1) – Allusions – Validity of Article 10(7) – Article 16 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Principle of proportionality

    Outcome of the case:

    On those grounds, the Court (Seventh Chamber) hereby rules:

    1. Article 10(7) of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008, as amended by Commission Delegated Regulation (EU) 2021/1096 of 21 April 2021,

      must be interpreted as prohibiting the use of the name ‘non-alcoholic gin’ in the presentation and labelling of a non-alcoholic beverage on the ground that it does not comply with the requirements laid down in point 20(a) and (b) of Annex I to that regulation for the category of spirit drinks corresponding to the legal name ‘gin’.

    2. Consideration of the first question referred has not disclosed any factor of such a kind as to affect the validity of Article 10(7) of Regulation 2019/787, as amended by Delegated Regulation 2021/1096, in the light of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights of the European Union.
  • Paragraphs referring to EU Charter

    26. By its first question, the referring court asks, in essence, whether Article 10(7) of Regulation 2019/787 is valid in the light of the freedom to conduct a business enshrined in Article 16 of the Charter in so far as it prohibits the presentation and labelling of a non-alcoholic beverage as ‘non-alcoholic gin’.

    ...

    28. It should be borne in mind that, under Article 52(1) of the Charter, any limitation on the exercise of the rights and freedoms recognised by the Charter must be provided for by law and must respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the European Union or the need to protect the rights and freedoms of others.

    ...

    31. It should be noted, first of all, that the prohibition on using legal names for any beverage which does not meet the requirements of the categories concerned is provided for by law, within the meaning of Article 52(1) of the Charter, in so far as it is set out in Article 10(7) of Regulation 2019/787.

    ...

    33. Lastly, as regards compliance with the principle of proportionality, although the referring court refers to Article 16 of the Charter, account must also be taken of Article 38 of the Charter, which seeks to ensure a high level of consumer protection. That protection is also referred to in recital 2 of Regulation 2019/787 as an objective pursued by that regulation. Similarly, it seeks, according to that recital and recital 10 of the regulation, to prevent deceptive practices and safeguard the transparency of the information provided to consumers. In addition, it is apparent from recitals 2 and 3 of that regulation that spirit drinks represent a major outlet for the EU agricultural sector and that that regulation seeks to ensure fair competition and to protect the reputation of those beverages. Those objectives constitute objectives of general interest (see, by analogy, judgments of 13 December 1994, SMW Winzersekt, C‑306/93, EU:C:1994:407, paragraph 25; of 8 May 2014, Assica and Kraft Foods Italia, C‑35/13, EU:C:2014:306, paragraph 37; and of 30 June 2016, Lidl, C‑134/15, EU:C:2016:498, paragraph 37).

    ...

    38. It follows from the foregoing that consideration of the first question has not disclosed any factor of such a kind as to affect the validity of Article 10(7) of Regulation 2019/787 in the light of the freedom to conduct a business enshrined in Article 16 of the Charter.

  • Paragraphs referring to EU Charter (original language)