Language of document :

Judgment of the Court (Third Chamber) of 17 December 2020 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie – Poland) – A.M. v E.M.

(Case C-667/19) 1

(Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 19 – Consumer information – Labelling – Information which must appear on the container and packaging of the products – Labelling in a foreign language – ‘Function of the cosmetic product’ – Meaning – Packaging of cosmetic products containing a reference to a detailed product catalogue drafted in the consumer’s language)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Applicant: A.M.

Defendant: E.M.

Operative part of the judgment

Article 19(1)(f) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products must be interpreted as meaning that the reference to the ‘function of a cosmetic product’ which must appear, under that provision, on the container and packaging of such a product must be such as to inform the consumer in a clear manner of the use and the method of use of the product so as to ensure that it can be used safely by consumers without harming their health, and therefore cannot be limited to a mere indication of the purposes of the product’s use, as referred to in Article 2(1)(a) of that regulation. It is for the referring court to ascertain, in the light of the characteristics and properties of the product concerned and the expectations of an average consumer, who is reasonably well informed and reasonably observant and circumspect, the nature and extent of the information which must appear in that regard on the container and packaging of the product so that it can be used without risk to human health.

Article 19(2) of Regulation No 1223/2009 must be interpreted as meaning that the information referred to in Article 19(1)(d), (f) and (g) of that regulation, namely that relating to the particular precautions to be observed in the use of the cosmetic product, to the function of that product and to its ingredients, respectively, may not appear in a business catalogue referred to by the symbol provided for in point 1 of Annex VII to that regulation affixed to the packaging or container of that product.

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1 OJ C 406, 2.12.2019.