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12.12.2022 |
EN |
Official Journal of the European Union |
C 472/19 |
Judgment of the Court (Second Chamber) of 27 October 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Orthomol pharmazeutische Vertriebs GmbH v Verband Sozialer Wettbewerb eV
(Case C-418/21) (1)
(Reference for a preliminary ruling - Food safety - Food - Regulation (EU) No 609/2013 - Article 2(2)(g) - Delegated Regulation (EU) 2016/128 - Food for special medical purposes - Other particular nutritional requirements - Food providing a general benefit for the patient - Distinction in relation to medicinal products)
(2022/C 472/22)
Language of the case: German
Referring court
Oberlandesgericht Düsseldorf
Parties to the main proceedings
Appellant: Orthomol pharmazeutische Vertriebs GmbH
Respondent: Verband Sozialer Wettbewerb eV
Operative part of the judgment
Article 2(2)(g) of Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 and, in particular, the concept of ‘other medically determined nutrient requirements’,
must be interpreted as meaning that a product constitutes a food for special medical purposes if the disease results in increased or specific nutritional requirements which the food is intended to cover, such that it is not sufficient, for the purposes of such a qualification, that the patient derives a general benefit from the intake of that food because the substances that it contains counteract the disorder or alleviate its symptoms.