Official Journal of the European Union
Request for a preliminary ruling from the Bayerisches Verwaltungsgericht Ansbach (Germany) lodged on 27 September 2021 — LSI — Germany GmbH v Freistaat Bayern
Language of the case: German
Bayerisches Verwaltungsgericht Ansbach
Parties to the main proceedings
Applicant: LSI — Germany GmbH
Defendant: Freistaat Bayern (represented by: Bayerische Kontrollbehörde für Lebensmittelsicherheit und Veterinärwesen)
Is the term ‘name of the product’ in point 4 of Part A of Annex VI to Regulation (EU) No 1169/2011 (1) to be interpreted as being synonymous with the ‘name of the food’ within the meaning of Article 17(1) to (3) of that regulation?
If Question 1 is answered in the negative:
Is the ‘name of the product’ the name under which the food is offered in trade and in advertising and is generally known to consumers, even if it is not the name of the food but the protected name, brand name or fancy name within the meaning of Article 17(4) of Regulation (EU) No 1169/2011?
If Question 2 is answered in the affirmative:
Can the ‘name of the product’ also consist of two components, one of which is a generic name or term protected under trade mark law which is not related to the individual food and is supplemented, for each of the individual products, by an additional element (as the second part of the name of the product) which specifies the food in question?
If Question 3 is answered in the affirmative:
Which of the two components of the name of the product is to be taken as the basis for the purposes of the additional indication pursuant to point 4(b) of Part A of Annex VI to Regulation (EU) No 1169/2011 where the two components of the name of the product are printed on the packaging in different sizes?
(1) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ 2011 L 304, p. 18).