Individual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal
22-09-2016 Print this page
Every individual portion of honey closed by an aluminium seal supplied to mass caterers, constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or as part of pre-prepared meals for an all-inclusive price.
"In the light of the foregoing considerations, the answer to the questions referred is that Article 1(3)(b) of Directive 2000/13 must be interpreted as meaning that each of the individual portions of honey presented in the form of portion-cups closed by an aluminium seal and packed in cartons supplied to mass caterers constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or offer them for sale to the ultimate consumer as part of pre-prepared meals for an all-inclusive price."
IPPT20160922, CJEU, Breitsamer und Ulrich v Landehauptstadt München
C-113/15 - ECLI:EU:C:2016:718
