Judgment of the European Court of Justice (ECJ) on "Champagne Sorbet"

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Mar 9, 2018 - Foods

Judgment of the European Court of Justice (ECJ) on "Champagne Sorbet"

The starting point for the ECJ ruling on "Champagne Sorbet" dated 12/20/17 was an ice cream containing 12% champagne.

The Federal Court of Justice had submitted the following question to the Court of Justice of the European Union by decision dated 06/02/16: Is the designation "Champagne Sorbet" permissible if the ingredient champagne is contained in sufficient quantity in the sorbet as a value-giving component? This would mean that the entire food benefits from the reputation of the protected designation of origin (PDO) "Champagne".

According to the ECJ ruling, the designation is only permissible if the sorbet has a taste mainly triggered by the ingredient "Champagne". This must be the essential characteristic of the food. If this is not the case, the designation is misleading. The amount of champagne contained is not the only criterion for assessment. National courts must now independently determine, on a case-by-case basis, whether the aroma and taste of the sorbet are substantially influenced by the ingredient "Champagne".

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Source: Newsletter 25/2017 KWG