Auberginen

Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v Prime Champ Deutschland Pilzkulturen GmbH

On those grounds, the Court (First Chamber) hereby rules: 1. Article 113a(1) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, as amended by Council Regulation (EC) No 361/2008 of 14 April 2008, and Article 76(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 must be interpreted as meaning that, in order to define the concept of ‘country of origin’, referred to in those provisions, reference should be made to the customs regulations for the determination of the non-preferential origin of goods, namely Article 23 et seq. of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code and Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code. 2. Article 23(1) and (2)(b) of Regulation No 2913/92 and Article 60(1) of Regulation No 952/2013, read in conjunction with Article 31(b) of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation No 952/2013 as regards detailed rules concerning certain provisions of the Union Customs Code, must be interpreted as meaning that the country of origin of cultivated mushrooms is their country of harvesting for the purpose of those provisions, irrespective of the fact that substantial stages of production took place in other EU Member States and the cultivated mushrooms were transported into the territory of harvesting only three days or less prior to the first harvest. 3. The general prohibition on misleading the consumer as to the country of origin of foods, laid down in Article 2(1)(a)(i) of Directive 2000/13/EC of the Europea