“One Spring – One Trade Name of Water” as a General Principle of the Labelling and Marketing of Natural Mineral Waters and Spring Waters: Commentary on the Judgment of the Court of Justice of 3 April 2025 in Case C-462/23 Commission v. Republic of Bulgaria

In the commented judgment, the Court of Justice clarified, in connection with Article 8 (2) of Directive 2009/54/EC, the definition of the term “spring” as an autonomous concept of EU law. Referring to its earlier case law, in particular to the judgment in Case C-207/14 Hotel Sava Rogaška, the Court confirmed that a Member State which allows marketing natural mineral water (or spring water) originating from one and the same spring and extracted from one or several water exits (bore exits), under more than one trade description fails to fulfil its obligations under Article 8 (2) of Directive 2009/54/EC. The commented judgment is of significant importance for Poland. In the light of the judgment, it must be acknowledged that § 7 (2) of the Regulation of the Minister of Health of 31 March 2011 on natural mineral waters, spring waters, and table waters, which allows natural mineral water to be marketed under a single trade description when it originates from one or more natural or bore exits forming one water exit, incorrectly transposes Article 8 (2) of Directive 2009/54/EC into Polish law.