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No free translation of designations regulated in Union legislation possible

The European Court of Justice (ECJ) has ruled in its judgment of 13.01.2022 - C-881/19 - that a free translation of designations regulated in Union legislation is not possible.

Facts

The judgment of the ECJ is based on the following facts: In the Czech Republic, various milk chocolate desserts were marketed, which were labelled in the list of ingredients only with the statement "chocolate in powder form" without listing the individual ingredients. The Czech authorities prohibited the marketing of the products. They based their decision on the fact that the exception to the legal requirement that all ingredients of which a foodstuff consist must be listed in the list of ingredients only applies if the designation "chocolate powder" regulated in the Czech language version of the Directive 2000/36/EC relating to cocoa and chocolate products intended for human consumption is used. The food company concerned was of the opinion that the indication "chocolate in powder form" had the same meaning as the designation "chocolate powder" provided for by law. The view that only the Czech language version of the Cocoa and Chocolate Directive 2000/36/EC was authoritative was contrary to the principles of the functioning of Union law. All language versions of a provision of Union law are equally binding. The Brno Regional Court then referred the following question to the ECJ: Is the provision contained in Annex VII, Part E, No. 2 (a) of the Regulation (EU) No 1169/2011 on the provision of food information to consumers to be interpreted as meaning that, in the case of a foodstuff intended for consumers in the Czech Republic, a compound ingredient listed in Annex I, Section A, No. 2(c) of Directive 2000/36/EC may be referred to in the list of ingredients of the certificate without a detailed list of its composition only if that compound ingredient is listed exactly in accordance with the Czech language version of Annex I to Directive 2000/36/EC?

Reasons for the decision

The ECJ ruled that the exception provision of Annex VII Part E No. 2 (a) Regulation (EU) No 1169/2011 on the provision of food information to consumers must be interpreted narrowly. A free translation of a compound ingredient regulated in a Union provision was not possible, not even according to another language version of that provision. The designation "chocolate powder" is listed in Annex I, Section A, No. 2, letter c) of Directive 2000/36/EC and as such a 'legal name' within the meaning of Article 2(2)(n) of the Regulation (EU) No 1169/2011 on the provision of food information to consumers. According to Article 17 and Article 18 of the Regulation (EU) No 1169/2011 on the provision of food information to consumers, this designation must be used throughout the territory of the European Union. Other language versions of Directive 2000/36/EC could not be used. The Regulation (EU) No 1169/2011 on the provision of food information to consumers pursues the objective of ensuring a high level of consumer protection with regard to food information. Consumers should be able to make an informed choice from the information provided. Therefore, it was necessary that food information be accurate, neutral and objective. This objective would be jeopardized if economic operators were able to freely translate legally prescribed designations in accordance with the designations in other language versions.

Practical advice

The decision shows very clearly that food businesses should adhere exactly to legally prescribed designations. There is no room for interpretation. Free translations or slight variations such as the use of designations with the same content can be objected to. This applies not only to the designation of the food, but also to the designation of the ingredients. Art. 18 (2) Regulation (EU) No 1169/2011 on the provision of food information to consumers explicitly states that the ingredients must be designated by their specific name, where applicable, in accordance with the rules laid down in Art. 17 and Annex VI. According to Art. 17 (1) sentence 1 Regulation (EU) No 1169/2011, a food is designated by its legally prescribed name. Only if such a designation is missing, the food is designated by its customary name or, if no customary name exists or is not used, by a descriptive name (Art. 17 (1) sentence 2 Regulation (EU) No 1169/2011 on the provision of food information to consumers).

Event notice

From March 23 - 25, 2022, the 35th German Food Law Day will take place in Wiesbaden. The signatory will give a lecture on the subject of food safety as part of the thematic block "Hygiene and Residues".

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