Direct sale to the final consumer or user: the sentence of the EU Court (IT)


By judgment of 12 October 2017, the EU Court (Ninth Chamber) expressed itself about the concept of "direct sale to the final consumer or user". In accordance with this judgment, Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products, repealing Regulation (EEC) No 2092/91, must be interpreted as meaning that, in order for products to be regarded as being sold ‘directly’, within the meaning of that provision, to the final consumer or user, it is necessary for the sale to occur in the presence of both the operator or his sales personnel and the final consumer.

The consequence of the EU Court of Justice ruling is that all online platforms selling organic products must be submitted to the control system and must notify their activities to the Competent Authority, for the fact that they can no longer be assimilated to the category of retailers which, in the case of pre-packaged product sales, are exempted from the submission to the control system.

Judgment of the Court (Ninth Chamber) of 12 October 2017


Source: Eur-Lex