Request for a preliminary ruling from the Landgericht Trier (Germany) lodged on 1 August 2016 — Verband Sozialer Wettbewerb e. V. v TofuTown.com GmbH
Language of the case: German
Parties to the main proceedings
Applicant: Verband Sozialer Wettbewerb e. V.
Defendant: TofuTown.com GmbH
Can Article 78(2) of Regulation (EU) No 1308/2013 1 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (‘Regulation (EU) No 1308/2013’) be interpreted as meaning that the definitions, designations and sales descriptions defined in Annex VII need not satisfy the relevant requirements of this Annex if the relevant definitions, designations and sales descriptions are expanded upon by clarifying or descriptive additions (such as ‘tofubutter’ for a pure plant-based product)?
Is Annex VII, Part III, point 1, to Regulation (EU) No 1308/2013 to be interpreted as meaning that the expression ‘milk’ is exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom, or may the expression ‘milk’ — where necessary with the addition of explanatory terms such as ‘soya-milk’ — also be used in the marketing of plant-based (vegan) products?
Is Annex VII, Part III, point 2, to Regulation (EU) No 1308/2013, in conjunction with Article 78, to be interpreted as meaning that the descriptions listed in detail in point 2(a), such as, in particular, ‘whey’, ‘cream’, ‘butter’, ‘buttermilk’, ‘cheese’, ‘yoghurt’ or the term ‘cream’ etc., are reserved exclusively for milk products, or can pure plant-based/vegan products, which are produced without (animal) milk, also fall within the scope of Annex VII, Part III, point 2, to Regulation (EU) No 1308/2013?____________1
OJ L 347, 20.12.2013, p. 671.