Sylvia Polydor, Eva-Maria Strobel

European Food and Feed Law Review, Volume 17 (2022), Issue 1, Page 78 - 81

Sylvia Polydor, Eva-Maria Strobel

European Food and Feed Law Review, Volume 16 (2021), Issue 3, Page 239 - 242

Eva-Maria Strobel, Alexander Eichhof

European Food and Feed Law Review, Volume 9 (2014), Issue 4, Page 266 - 267

With the implementation of the revised Swiss Federal Act on Technical Barriers to Trade (Bundesgesetz über die technischen Handelshemmnisse, herein referred to as the “TBT”) on 1 July 2010, Switzerland unilaterally applied the so-called “Cassis de Dijon Principle”. This principle, based upon a judgment by the European FederalCourt of Justice (ECJ) in 1979, states that products that have been legally produced and marketed in a Member State of the European Union (EU) or in the European Economic Area (EEA) may be sold without any further approval in Switzerland.

Eva-Maria Strobel

European Food and Feed Law Review, Volume 8 (2013), Issue 6, Page 423 - 425

The Swiss court battle between Nestlé and Denner, a well-known Swiss discounter, regarding alleged trademark-infringing coffee capsules that are compatible with Nespresso’s coffee machines, which has already starred in many disputes1, seems to have come to an end. By denying a risk of confusion between the Nespresso capsule andDenner’s coffee capsule, the Commercial Court of St. Gallen limited the scope of trademark protection for the Nespresso capsule, and denied Nestlé’s request for injunctive relief2. But did the court at the same time also clear the way for Denner or other competitors into the Nespresso capsules’ coffee market? This remains more than doubtful.

Eva-Maria Strobel

European Food and Feed Law Review, Volume 5 (2010), Issue 5, Page 288 - 291

Food law regulates the access to food markets by setting up requirements on the composition of foods, the design of the packaging, and the information to be provided thereon. Food law regulations wall off markets; in particular, small and medium sized companies often may be put off offering their products abroad by regulations and approval requirements. In order to reduce the existing trade barriers with the European Union, Switzerland several years ago decided to adapt the Swiss food law regulations to the European laws. The so called “autonomous adaptation” of the European regulations led to numerous revisions of existing Swiss food laws in the past 15 years.