“Alcohol-free gin” remains prohibited

The European Court of Justice (ECJ) ruled on November 13, 2025 (Case C-563/24) that the legally defined designation "gin" is not permissible for a product without alcohol, even if the manufacturer clearly uses the label "alcohol-free." The potential for misleading consumers is irrelevant in this context.

The starting point of the proceedings was a preliminary question from the Regional Court of Potsdam (Landgericht Potsdam). This court had to decide whether the distribution and advertising of an alcohol-free beverage labelled as “Virgin Gin Alkoholfrei” violated the provisions of the Spirits Regulation (EU) 2019/787.

According to Article 10(7) of the Spirits Regulation, the use of legal names referred to in paragraph 2 of this Article or geographical indications in the description, presentation or labelling of any beverage not complying with the requirements of the relevant category set out in Annex I or of the relevant geographical indication is prohibited. According to Annex I No. 20(a) and (b) of the Spirits Regulation, gin is a juniper-flavoured spirit drink produced by flavouring ethyl alcohol of agricultural origin with juniper berries. The minimum alcohol strength is 37.5% vol.

It was not surprising that an alcohol-free beverage labelled as “Virgin Gin Alkoholfrei” violated the provision of the Spirits Regulation (EU) 2019/787. However, the Regional Court of Potsdam wanted clarification as to whether the prohibition was compatible with the freedom to conduct a business under Article 16 of the Charter of Fundamental Rights of the European Union. The ECJ affirmed this. The sale of the product in question is not prohibited per se, but its sale under the legally prescribed designation “gin” is. The prohibition is also proportionate. It prevents misleading information about the composition of the products. Moreover, it protects manufacturers complying with the requirements of EU law against unfair competition.

Conclusion

For the designation of alcoholic beverages that are inspired by alcoholic “classics,” the following must be observed:

• The use of the legal name “gin” (the same applies to “rum,” “whiskey,” “vodka,” etc.) is exclusively reserved for spirits produced in accordance with Annex I of Regulation 2019/787. Any allusion, such as (“gin-type,” “gin-style,” “gin-flavored,” etc.) is also prohibited if the product or its manufacturing process does not comply with legal requirements.
• Variants such as “non-alcoholic gin” are subject to the same restrictions, as this constitutes use of the protected legal names. Even distancing additions such as “This is not gin” are also of no benefit (Regional Court of Hamburg (Landgericht Hamburg), judgment of July 24, 2025 – 416 HKO 51/23). The protection is absolute. Any misleading nature is irrelevant.
• Whether the designation “liqueur without egg” or “alternative to egg liqueur” is permissible for a vegan product will now be decided in the appeal instance. The Regional Court of Kiel (Landgericht Kiel) (judgment of October 28, 2025 – 15 O 28/24) saw this as a permissible distinction from the protected designation “egg liqueur.” The designation “Veierlikör,” on the other hand, is considered an impermissible allusion (Regional Court of Trier (Landgericht Trier), judgment of December 20, 2018 – 7 HKO 13/18, also Regional Court of Hamburg (Landgericht Hamburg), judgment of April 23, 2024 – 406 HKO 76/23 on the designation “vegan alternative to egg liqueur”).
• The ECJ has clarified that Art. 12(1) of the Spirits Regulation (“allusion to other foods”) only applies to foods that are produced using alcohol.

The ECJ has finally closed the door on “alcohol-free gin” and confirmed the logic of protection of the Spirits Regulation: Protected legal names are strictly reserved. Additions such as “alcohol-free” or “de-alcoholized” do not provide a permissible means of labeling. Caution is also advised regarding designations that differentiate themselves from a spirits category, for example through additions such as “alternative to”.