30.1.2017
EN
Official Journal of the European Union
C 30/7
Judgment of the Court (Third Chamber) of 23 November 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
(Case C-177/15) (1)
((Reference for a preliminary ruling - Consumer information and protection - Regulation (EC) No 1924/2006 - Nutrition and health claims made on foods - Transitional measures - Article 28(2) - Products bearing trade marks or brand names existing before 1 January 2005 - ‘Bach flower’ remedies - European Union mark RESCUE - Products marketed as medicinal products before 1 January 2005 and as foodstuffs after that date))
(2017/C 030/06)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Nelsons GmbH
Defendants: Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
Operative part of the judgment
Article 28(2), first sentence, of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Regulation (EC) No 107/2008 of the European Parliament and of the Council of 15 January 2008, must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff after that date.
(1) OJ C 213, 29.6.2015.
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