September 19, 2024 CyberBy DICOPO

Court of Justice rules on cross-border online sales and product labeling requirements

Today, the  Court of Justice (Third Chamber) has delivered the judgment in Case Parfümerie Akzente (C-88/23), which stemmed from a legal dispute between Parfümerie Akzente GmbH, a German company, and KTF Organisation AB, a Swedish professional association. The case involved Parfümerie Akzente’s online sales of cosmetic products in Sweden without providing Swedish language labels, in violation of Swedish regulations. KTF sought to prohibit Parfümerie Akzente from selling unlabelled products in Sweden, arguing that this violated EU directives on aerosol generators and cosmetics. Parfümerie Akzente, however, argued that the 2000 EU E-Commerce Directive, which allows for the free provision of online services across EU borders, should override national labeling laws. The EU Court of Justice held that while the E-Commerce Directive ensures free movement of online services, national rules related to product labeling fall outside its scope. Labeling, as an essential part of product safety and consumer protection, is governed by other EU directives, which allow member states to require labeling in their national languages. Thus, Sweden can impose its labeling requirements even on products sold online from another EU country.