PIL instrument(s)

Case number and/or case name

LG Berlin, 20.11.2012 - 91 O 102/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

19 November 2012

Appeal history

CJEU's case law cited by the court

Summary

The parties argue about the usage of Kudzu root extract as ingredient of the nutritional supplement the defendant is distributing in Germany. According to the claimant, the consumption of the root bears health risks to consumers and must therefore be authorized by the competent authorities under the Novel Food Regulation. Furthermore, the claimant argues that the unauthorized distribution of the supplement was an act of unfair competition. On the contrary, the defendant denies any health hazard and/or requirements of authorization. Without further explanation, the Court exercised jurisdiction in this case. The Court prohibited the further distribution of the supplement by the defendant drawing on the German Unfair Competition Act (UWG) and the Novel Food Regulation. German law was the law applicable to the case as, according to Art. 6 (1) Rome-II-Regulation, it is the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected.