# C_2005281EN.01000401.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/4 |
| --- | --- | --- | --- |

12.11.2005

EN

Official Journal of the European Union

C 281/4

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 8 September 2005

in Case C-303/04 (reference for a preliminary ruling from the Tribunale di Voghera): Lidl Italia Srl v Comune di Stradella (1)

1

(Technical standards and regulations - Directive 98/34/EC - Concept of ‘technical regulation’ - Non-biodegradable cotton buds)

(2005/C 281/08)

Language of the case: Italian

In Case C-303/04: reference for a preliminary ruling under Article 234 EC from the Tribunale di Voghera (District Court of Voghera) (Italy), made by decision of 1 July 2004, received at the Court on 16 July 2004, in the proceedings between Lidl Italia Srl and Comune di Stradella — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, C. Gulmann (Rapporteur) and J. Klučka, Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, the operative part of which is as follows:

Lidl Italia Srl

Comune di Stradella

| 1. | Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that a national legislative provision such as Article 19 of Law No 93 of 23 March 2001 on the environment constitutes a technical regulation to the extent to which it includes a prohibition on the marketing of cotton buds which are not manufactured from biodegradable materials in accordance with a national standard. |
| --- | --- |

1.

Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that a national legislative provision such as Article 19 of Law No 93 of 23 March 2001 on the environment constitutes a technical regulation to the extent to which it includes a prohibition on the marketing of cotton buds which are not manufactured from biodegradable materials in accordance with a national standard.

| 2. | The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that a national provision which constitutes a technical regulation, such as Article 19 of Law No 93 of 23 March 2001, must be notified to the Commission of the European Communities prior to its adoption. |
| --- | --- |

2.

The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that a national provision which constitutes a technical regulation, such as Article 19 of Law No 93 of 23 March 2001, must be notified to the Commission of the European Communities prior to its adoption.

| 3. | The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that the national courts may refuse to apply a national legal provision constituting a technical regulation, such as Article 19 of Law No 93/2001 of 23 March 2001, if it has not been notified to the Commission of the European Communities prior to its adoption. |
| --- | --- |

3.

The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that the national courts may refuse to apply a national legal provision constituting a technical regulation, such as Article 19 of Law No 93/2001 of 23 March 2001, if it has not been notified to the Commission of the European Communities prior to its adoption.

---

(1)  OJ C 228 of 11.09.2004.

1

---