The case concerns the marketing in Germany of a drink composed of wine and beer, flavoured with elderflower.

The question referred to the Court of Justice of the European Union for a preliminary ruling is whether this product can be designated as an “aromatized wine product cocktail” within the meaning of European Regulation No. 251/2014.

Before the national courts, the Land of Bavaria maintains that the addition of alcohol is prohibited for this type of product, while Hauser Weinimport argues that beer is a “sapid foodstuff” and that its addition should not be considered as an addition of alcohol, since it does not significantly alter the alcoholic strength of the drink.

Following three preliminary questions referred by the Bavarian Higher Administrative Court, the Court concluded that the addition of an alcoholic beverage, such as beer, is not permitted in an “aromatized wine-product cocktail”, even if it does not alter the alcoholic strength of the beverage.

The Court pointed out that, although the concept of “sapid foodstuff” had not been defined in the regulation, it could not be interpreted in such a way as to be contrary to the prohibition on adding alcohol to this type of product laid down in article 3 of the regulation.

Lastly, the Court held that only a strict interpretation of the regulation could guarantee the conformity of aromatized wine-based products marketed in the European Union.