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The Court of Justice of the European Union Confirms the Obvious and Clarifies the Trade Marks and Brand Names Derogation

Florence Verhoestraete


To date, there have not been many requests for preliminary rulings on the provisions of Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (“the NHCR”). Apart from one judgment (CJEU, 12 October 2012, C-544/10, Deutsches Weintor)1 and one pending request (C-609/12 Ehrmann),2 the CJEU has not exactly been swamped with interpretation issues – surprisingly perhaps, in view of themany questions the NHCR raises in practice.

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