Table of Contents: I. Introduction. – II. International law and the interpretation of EU consumer law. – III. Contextualising Psagot in relation to other case-law involving occupied territories. – IV. The duty of non-recognition: the elephant in the room? – V. Concluding remarks.
Abstract: In Psagot (judgment of 12 November 2019, case C-363/18, Organisation juive européenne and Vignoble Psagot [GC]), the CJEU was asked whether foodstuffs originating in a territory occupied by Israel must, under EU law, bear an indication to the effect that they come from an “Israeli settlement”. The case revolved mainly around the interpretation of Arts 9, para. 1, let. i), and 26, para. 2, let. a), of Regulation 1169/2011 on the provision of food information to consumers, although it entailed a number of questions regarding the relevance of international law for the European Union. The aim of this Special Section is to analyse, from a variety of angles, the reasoning of the Court of justice in the recent Psagot case and the implications deriving from it for both the EU and the international legal order. The Special Section is composed of three contributions. The first addresses the interpretation of EU consumer law and labelling regulations and critically analyses the Court’s unqualified inclusion of international law considerations in the broader concept of “ethical considerations” that may influence consumers’ purchasing choices. The second focuses on the consistency of the Court’s decision with its previous case-law on occupied territories and the characterization of the Israeli settlements under international law. The third contribution analyses the relevance of the international law principle of non-recognition for the Psagot case and its relationship with the duty of the EU to observe international law.
Keywords: EU consumer law – labelling – ethical considerations – occupied territories – international humanitarian law – duty of non-recognition.
* Senior Researcher in EU and International Law, T.M.C. Asser Institute, Academic Co-ordinator of CLEER, firstname.lastname@example.org.
** Assistant Professor of International Law, Università del Piemonte Orientale, email@example.com.