The European Court of Justice's (ECJ) decision C-563/24 of November 13, 2025, is significant for beverage manufacturers and distributors—particularly regarding the labeling and market presence of non-alcoholic products designed to resemble alcoholic spirits. The ruling clarifies whether a non-alcoholic beverage may be marketed under a protected legal designation such as "Gin." The decision has practical and legal implications for companies in the food and beverage trade, as well as for competition lawyers.
A company had marketed a non-alcoholic beverage labeled "Virgin Gin – alcohol-free." The plaintiff, a consumer protection association, argued that this labeling was misleading and inadmissible because the beverage contained neither alcohol nor met the technical and quality requirements stipulated for "gin" under the relevant legal regulations. The competent German court referred the question to the European Court of Justice (ECJ) for a preliminary ruling on the admissibility of using the term "gin" for a non-alcoholic beverage.
The ECJ reached the following key conclusions in its decision:
The term "gin" is legally protected. Only products that meet the specific requirements of this category may be called "gin." A non-alcoholic beverage clearly does not meet these requirements—in particular, it lacks the minimum alcohol content (ethyl alcohol of a specific strength) required for "gin," as well as the other product-specific criteria. The fact that the beverage is labelled "alcohol-free" does not change this: The legal purpose of the protective regulation is precisely to prevent the misleading use of protected product designations. The designation "alcohol-free gin" is therefore inadmissible. The European Court of Justice (ECJ) also found that this restriction on economic activity—in particular, the prohibition on the use of certain designations—is justified by legitimate and weighty objectives of consumer protection, transparency, and fair competition, and remains proportionate. Therefore, the prohibition does not violate the constitutionally guaranteed freedom to pursue a profession or to conduct business.
Decision C-563/24 marks a precedent in the tension between innovation in the beverage sector (non-alcoholic alternatives to classic spirits) and the protection of EU-wide harmonized product designations. It clarifies that the protection of certain product categories encompasses not only taste or recipe, but also the brand name or designation itself – for reasons of consumer protection and to ensure fair competition.
For companies planning to launch non-alcoholic beverages that allude to well-known spirits (such as "non-alcoholic whisky," "non-alcoholic rum," "non-alcoholic gin," etc.), this means that a mere variation ("without alcohol") is insufficient for legally compliant use of the term. Instead, new, clearly defined terms are required that do not conflict with protected spirits categories. This gives product and packaging labeling considerable importance—not only with regard to compliant naming conventions but also concerning market entry strategies and competitive risks. Before launching beverage products that reference classic spirits, the provisions of Regulation (EU) 2019/787 must therefore be carefully examined. Early legal counsel is recommended when developing non-alcoholic alternatives to avoid legal pitfalls right from the concept stage.
ECJ 13.11.2025, Case C-563/24
18.11.2025