# C_2005281EN.01000601.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/6 |
| --- | --- | --- | --- |

12.11.2005

EN

Official Journal of the European Union

C 281/6

---

Reference for a preliminary ruling from the Ufficio del Giudice di Pace di Monselice by order of that court of 12 July 2005 in LIDL Italia Srl v Comune di Arcole (VR)

(Case C-315/05)

(2005/C 281/11)

Language of the case: Italian

Reference has been made to the Court of Justice of the European Communities by order of the Ufficio del Giudice di Pace di Monselice (Italy) of 12 July 2005, received at the Court Registry on 12 August 2005, for a preliminary ruling in the proceedings between LIDL Italia Srl and Comune di Arcole (VR) on the following questions:

| 1. | Must Directive 2000/13/EC (1) of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs be interpreted as meaning, in respect of pre-packaged foodstuffs under Article 1 thereof, that the obligations provided for therein, and in particular those in Articles 2, 3 and 12, are imposed only on the producer of the pre-packaged food product? |
| --- | --- |

1.

Must Directive 2000/13/EC (1) of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs be interpreted as meaning, in respect of pre-packaged foodstuffs under Article 1 thereof, that the obligations provided for therein, and in particular those in Articles 2, 3 and 12, are imposed only on the producer of the pre-packaged food product?

1

| 2. | If the answer to the first question is affirmative, must Articles 2, 3 and 12 of Directive 2000/13/EC be interpreted as precluding the possibility that a mere distributor, located within a Member State, of a foodstuff pre-packaged (as defined in Article 1 of Directive 2000/13/EC) by a trader in another Member State, may be held liable for an infringement alleged by a public authority involving a discrepancy between the value (in this case percentage of alcohol content) stated on the label by the producer of the pre-packaged foodstuff, and may thus be penalised, even if that distributor simply markets the foodstuff in the form in which it is delivered by the producer of the food product itself? |
| --- | --- |

2.

If the answer to the first question is affirmative, must Articles 2, 3 and 12 of Directive 2000/13/EC be interpreted as precluding the possibility that a mere distributor, located within a Member State, of a foodstuff pre-packaged (as defined in Article 1 of Directive 2000/13/EC) by a trader in another Member State, may be held liable for an infringement alleged by a public authority involving a discrepancy between the value (in this case percentage of alcohol content) stated on the label by the producer of the pre-packaged foodstuff, and may thus be penalised, even if that distributor simply markets the foodstuff in the form in which it is delivered by the producer of the food product itself?

---

(1)  OJ L 109 of 06.05.2000, p. 29.

1

---