Luxembourg, 16/01/2003 (Agence Europe) - The Court of Justice strengthened the European Commission in its position by making two rulings on Tuesday condemning Spanish and Italian legislation banning the name "chocolate" for products legally marketed in other Member States but which contain vegetable fats other than cocoa butter.
The European Commission had initiated proceedings against these two Member States on 18 January 2000 at the height of discussion, negotiation and other demonstrations for and against the addition, in chocolate, of vegetable fats other than cocoa butter up to 5% of the finished product.
Although it supported the 5% rule, the Commission was not sure, given the outcry it caused in certain circles concerned, that this would be taken on board in the Council directive (the directive was approved the following May). Such action before the Court may have "put pressure" on recalcitrant elements, some experts say.
The Sixth Chamber of the Court, presided by French Judge Jean-Pierre Puissochet - with the Rapporteur Judge being Vassilios Skouris from Greece - ruled that the Commission was right. It said that the addition of vegetable fats other than cocoa butter, up to 5% of the finished product, does not substantially change the nature of these products to the point of making them different products; - all products must move freely within the EU; - demanding the name "surrogate preparations" of chocolate instead of "chocolate" would mean that manufacturers in other Member States would have to change the name in order to be able to sell in these two countries - which would hamper the free movement of goods; - and consumer protection as invoked by the Italian and Spanish governments may be achieved through labelling giving details of the kind of fat used in the finished product.
These trials revolved around the interpretation of the thirty-year old "cocoa" directive and still in application for another eight months. Sentenced by the Court, Italy and Spain see their provision inapplicable from this Thursday. These provisions disappear thus earlier than expected: Directive 73/241/EC expires on 3 August to be replaced by Directive 2000/13, which definitively settles the question by granting the name "chocolate" to products containing fats other than cocoa butter to the tune of 5%.
This type of ruling always leads to the same consequences, which are: a manufacturer believes he has been harmed by Italian or Spanish legislation - although he still has to prove his injury, the rules are very strict - may then go seek compensation before a national court.