# C_2004094EN.01003102.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/31 |
| --- | --- | --- | --- |

17.4.2004

EN

Official Journal of the European Union

C 94/31

---

Reference for a preliminary ruling by the Tribunal Supremo Chamber For Administrative Proceedings Fourth Section by order of that Court of 1 December 2003 in the proceedings brought by Comité Andaluz de Agricultura Ecológica against Administración del Estado, supported by Comité Aragonés de Agricultura Ecológica

(Case C-107/04)

(2004/C 94/70)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunal Supremo Chamber For Administrative Proceedings Fourth Section (Spain) of 1 December 2003, received at the Court Registry on 1 March 2004, for a preliminary ruling in the proceedings brought by Comité Andaluz de Agricultura Ecológica against Administración del Estado, supported by Comité Aragonés de Agricultura Ecológica on the following questions:

| 1. | Does Council Regulation (EEC) No 2092/1991 of 24 June 1991 (1), supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999 (2), on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs regard, in all Member States, the terms ‘Biológico’ (biological) and ‘Ecológico’ (ecological) and their derivatives ‘Bio’ and ‘Eco’ as indications which suggest to the purchaser that the product or its ingredients have been obtained in accordance with the rules on organic production? |
| --- | --- |

1.

Does Council Regulation (EEC) No 2092/1991 of 24 June 1991 (1), supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999 (2), on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs regard, in all Member States, the terms ‘Biológico’ (biological) and ‘Ecológico’ (ecological) and their derivatives ‘Bio’ and ‘Eco’ as indications which suggest to the purchaser that the product or its ingredients have been obtained in accordance with the rules on organic production?

1

2

| 2. | Does Council Regulation (EEC) No 2092/1991 of 24 June 1991, supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999, on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs necessarily reserve, in all Member States, the terms ‘Biológico’ (biological) and ‘Ecológico’ (ecological) and their derivatives ‘Bio’ and ‘Eco’ for products which have been obtained in accordance with the rules laid down in respect of organic production in that regulation? |
| --- | --- |

2.

Does Council Regulation (EEC) No 2092/1991 of 24 June 1991, supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999, on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs necessarily reserve, in all Member States, the terms ‘Biológico’ (biological) and ‘Ecológico’ (ecological) and their derivatives ‘Bio’ and ‘Eco’ for products which have been obtained in accordance with the rules laid down in respect of organic production in that regulation?

| 3. | Does Article 2 of Council Regulation (EEC) No 2092/1991 of 24 June 1991, supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999, on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs reserve, in Spanish, only the term ‘Ecológico’ and its derivative ‘Eco’ for products which have been obtained in accordance with the rules laid down in respect of organic production in the regulation, so that it may not be contrary to European law to use the term ‘Biológico’ and its derivative ‘Bio’ in Spain for on-organic products, if, through use, that term and its derivative have become a generic term and derivative, because in Spain they do not designate foodstuffs with particular characteristics connected with organic production methods? |
| --- | --- |

3.

Does Article 2 of Council Regulation (EEC) No 2092/1991 of 24 June 1991, supplemented by Council Regulation (EC) No 1804/1999 of 19 July 1999, on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs reserve, in Spanish, only the term ‘Ecológico’ and its derivative ‘Eco’ for products which have been obtained in accordance with the rules laid down in respect of organic production in the regulation, so that it may not be contrary to European law to use the term ‘Biológico’ and its derivative ‘Bio’ in Spain for on-organic products, if, through use, that term and its derivative have become a generic term and derivative, because in Spain they do not designate foodstuffs with particular characteristics connected with organic production methods?

---

(1)  OJ L 198 of 22.07.1991, p. 1.

1

(2)  OL L 222 of 24.08.1999, p. 1.

2

---