Deutsches Weintor Eg V Land Rheinland-Pfalz

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Deutsches Weintor eG v Land Rheinland-Pfalz

Deutsches Weintor eG v Land Rheinland-Pfalz

Summarize the factual background to the case, the route by which it reached the Court of Justice and the legal issues for determination by the Court.

According to the European regulation, companies are not allowed to market wine in a positive manner if the percentage exceeds 1.2 percent in any form. European Regulation 1924/2006 seek to protect the health of the consumers and they make sure that the customers are not negatively impacted by what is being marketed by the companies. Deutsches Weintor, a wine manufacturing company marketed wine as 'easily digestible and gentle acidity.' This is prohibited under EU law and the company did not seek permission to market its product in this manner. This was noted by the authority which was responsible for supervision of the marketing services of the companies. It brought this issue into the notice of the Federal Administrative Court, known as The Bundesverwaltungsgericht. Health claim was the legal issue identified in this case, as the companies are not allowed to sell wine and promote it as healthy if the volume is more than specified by the law. The case, Deutsches Weintor eG v Land Rheinland-Pfalz reached the court of Justice after it was send to the Federal Administrative court. The company was highlighted for providing wrong and inaccurate information to the customers and was also violating the law by presenting wine even though the volume was greater than 1.2 percent. With such processes in place, the case reaches the court of justice where it was treated in an appropriate manner and the rights and health of the consumers were guaranteed. The court of Justice made sure that the decision it comes up is different and in favor of the people.

Assess the significance of the Charter of Fundamental Rights in the judgment of the Court of Justice.

According to the charter of Fundamental Rights, the customers should be provided with correct and accurate information and it should be made sure that the product does not cause them any type of harm. It is important for the companies to make sure that the information that they are presenting are right and help the customers in getting accurate information as to the volume of alcohol in the product that the company is selling. The producer of wine is prohibited of using such a claim, regardless of the claim being correct or incorrect. This is also in line with the charter of Fundamental Rights of the court of Justice as it helps in ensuring that the people get their proper right and that they are able to work in a manner that is in accordance with the laws identified by the law of Europe. The significance of the charter of fundamental rights can be gauged from this case and it can be seen that the court o justice also requires the charter to work in a manner that will help the company in working in a manner that will ...