Nelsons GmbH v Ayonnax Nutripharm GmbH and another company

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 28(2), first sentence, of Regulation (EC) No 1924/2006 should be interpreted as meaning that that provision applied in the situation in which a foodstuff bearing a trade mark or brand name had been, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff prior to that date.

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