# C_2014245EN.01000202.xml

| 28.7.2014 | EN | Official Journal of the European Union | C 245/2 |
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28.7.2014

EN

Official Journal of the European Union

C 245/2

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Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 27 February 2014 — Unione Nazionale Industria Conciaria (UNIC), Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Unicopel) v FS Retail, Luna srl, Gatsby srl

(Case C-95/14)

2014/C 245/03

Language of the case: Italian

Referring court

Referring court

Tribunale di Milano

Parties to the main proceedings

Parties to the main proceedings

Applicants: Unione Nazionale Industria Conciaria (UNIC), Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Unicopel)

Applicants:

Defendants: FS Retail, Luna srl, Gatsby srl

Defendants:

Questions referred

Questions referred

| (1) | Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’ [fine leather], to affix a label thereto indicating the country of origin — to products made of leather lawfully worked or placed on the market in other Member States of the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restriction prohibited under Article [34] TFEU and not justified by Article 36 of that Treaty? |
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(1)

Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’ [fine leather], to affix a label thereto indicating the country of origin — to products made of leather lawfully worked or placed on the market in other Member States of the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restriction prohibited under Article [34] TFEU and not justified by Article 36 of that Treaty?

‘pelle’

| (2) | Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restriction prohibited under Article [34] TFEU and not justified by Article 36 of that Treaty? |
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(2)

Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restriction prohibited under Article [34] TFEU and not justified by Article 36 of that Treaty?

‘pelle’

| (3) | Do Articles 3 and 5 of Directive 94/11/EC (1), correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather lawfully worked, or lawfully placed on the market, in other Member States of the European Union? |
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(3)

Do Articles 3 and 5 of Directive 94/11/EC (1), correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather lawfully worked, or lawfully placed on the market, in other Member States of the European Union?

1

‘pelle’

| (4) | Do Articles 3 and 5 of Directive 94/11/EC, (2) correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013, under which it is compulsory, in the case of products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union, to affix a label thereto indicating the country of origin? |
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(4)

Do Articles 3 and 5 of Directive 94/11/EC, (2) correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013, under which it is compulsory, in the case of products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union, to affix a label thereto indicating the country of origin?

2

| (5) | Does Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in Member States of the European Union or not already lawfully placed on the market in the European Union? |
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(5)

Does Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in Member States of the European Union or not already lawfully placed on the market in the European Union?

‘pelle’

| (6) | Does Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union? |
| --- | --- |

(6)

Does Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union?

‘pelle’

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(1)  OJ 1994 L 100, p. 37.

1

(2)  OJ 1994 L 100, p. 37.

2

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