The Court had to assess who is responsible for the particulars on the label of a pre-packaged foodstuff and who is therefore liable if the particulars are inaccurate.
The Italian Office of the Justice of the Peace of Monselice have asked the opinion of the European Court of Justice over the interpretation of articles 2, 3 and 12 of the Directive 2000/13/EC related to the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs
The case concerns the percentage of alcohol content of a herbal liqueur. It is therefore all the more relevant as the European Commission is to release its Strategy on Alcohol in October 2006.
Background
In 2003, an Italian retailer had to pay a fine on the ground that the actual volume of alcohol of a herbal liqueur they distributed was not consistent with what stated on the label. This constitutes an infringement to the Directive 2000/13/EC.
The retailer challenged the decision since they are not the manufacturer of the product but the distributor only. They cannot be held responsible for the information on the labels.
According to the Italian government, the manufacturer must be expected to comply with existing rules.
The French government agrees that a Member States is entitled to require the distributor to ensure the accuracy of the particulars on the label, in particular when the producer is established in a different Member State. However, the manufacturer is also responsible for the information that is provided on the label.
Spain argues that all actors involved in the different stages of placing products on the market are responsible, especially the distributor since this is the step that is closer to consumers. The Netherlands generally agrees with this approach.
The Court concluded that all actors are responsible and liable for the accuracy of the information on the labels. However the constraints of retailers who cannot verify the validity of the information must be taken into account.
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