# C_2005093EN.01001701.xml

| 16.4.2005 | EN | Official Journal of the European Union | C 93/17 |
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16.4.2005

EN

Official Journal of the European Union

C 93/17

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Action brought on 17 February 2005 by the Commission of the European Communities against the Hellenic Republic

(Case C-82/05)

(2005/C 93/31)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 17 February 2005 by the Commission of the European Communities, represented by Maria Patakia, Legal Adviser in its Legal Service, with an address for service in Luxembourg.

The Commission claims that the Court should:

| 1. | declare that, by equating the process of final baking or reheating of ‘bake-off’ products with the full bread-making process and making it subject to the requirements of the legislation relating to bread-making, the Hellenic Republic introduces barriers to the import from other Member States and marketing in Greece of ‘bake-off’ products and infringes its obligations under Article 28 of the EC Treaty; |
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1.

declare that, by equating the process of final baking or reheating of ‘bake-off’ products with the full bread-making process and making it subject to the requirements of the legislation relating to bread-making, the Hellenic Republic introduces barriers to the import from other Member States and marketing in Greece of ‘bake-off’ products and infringes its obligations under Article 28 of the EC Treaty;

| 2. | order the Hellenic Republic to pay the costs. |
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2.

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

| 1. | Following a complaint, the Commission was informed that, in the absence of specific legislation relating to bread and bakery products which are either semi-baked or fully baked and frozen, the ‘bake-off’ method is regarded by the Greek authorities as a full process for the preparation and baking of bread. The Greek authorities accordingly permit the short final baking or the reheating of the products in question at the point of sale only if the latter meets all the specifications that are required for bakeries, despite the fact that the ‘bake-off’ method comprises only the short final baking of semi-baked bread or the reheating of frozen fully-baked bread, and none of the previous stages of preparation and baking. Therefore, ‘bake-off’ products can be placed on the Greek market either by points of sale which meet the specifications for bakeries, after being baked to completion or reheated, or by general food stores as semi-baked or frozen bakery products to be baked or reheated later by the consumer. In both cases, in the Commission's view, ‘bake-off’ products are accordingly rendered less attractive for the consumer compared with other baked bakery products. |
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1.

Following a complaint, the Commission was informed that, in the absence of specific legislation relating to bread and bakery products which are either semi-baked or fully baked and frozen, the ‘bake-off’ method is regarded by the Greek authorities as a full process for the preparation and baking of bread. The Greek authorities accordingly permit the short final baking or the reheating of the products in question at the point of sale only if the latter meets all the specifications that are required for bakeries, despite the fact that the ‘bake-off’ method comprises only the short final baking of semi-baked bread or the reheating of frozen fully-baked bread, and none of the previous stages of preparation and baking. Therefore, ‘bake-off’ products can be placed on the Greek market either by points of sale which meet the specifications for bakeries, after being baked to completion or reheated, or by general food stores as semi-baked or frozen bakery products to be baked or reheated later by the consumer. In both cases, in the Commission's view, ‘bake-off’ products are accordingly rendered less attractive for the consumer compared with other baked bakery products.

| 2. | The Commission considers that the manner in which the Greek authorities interpret and apply the legislation in force effectively leads to a prohibition on the sale in general food stores (supermarkets) of ‘bake-off’ products that have been baked to completion or reheated, since ‘bake-off’ products are – mistakenly – regarded by the Greek authorities as subject to the enhanced requirements which generally apply to the preparation and baking of complete baked bread and bakery products. |
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2.

The Commission considers that the manner in which the Greek authorities interpret and apply the legislation in force effectively leads to a prohibition on the sale in general food stores (supermarkets) of ‘bake-off’ products that have been baked to completion or reheated, since ‘bake-off’ products are – mistakenly – regarded by the Greek authorities as subject to the enhanced requirements which generally apply to the preparation and baking of complete baked bread and bakery products.

| 3. | According to the Commission, since the short final baking or the reheating outside a bakery is the specific characteristic that distinguishes ‘bake-off’ products from other bakery products, the application of the Greek legislation on bread-making to ‘bake-off’ products cannot be considered a matter relating to selling arrangements for the purpose of the judgment in Keck and Mithouard and therefore falls within the scope of Article 28 of the EC Treaty. |
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3.

According to the Commission, since the short final baking or the reheating outside a bakery is the specific characteristic that distinguishes ‘bake-off’ products from other bakery products, the application of the Greek legislation on bread-making to ‘bake-off’ products cannot be considered a matter relating to selling arrangements for the purpose of the judgment in Keck and Mithouard and therefore falls within the scope of Article 28 of the EC Treaty.

Keck and Mithouard

| 4. | The Commission also submits that most of the conditions that are imposed on the ‘bake-off’ method are clearly unjustified and disproportionate, since that method consists only in the short final baking or the reheating of semi-baked or fully-baked frozen bread or bakery products. In addition, the Commission considers that those conditions are exceptionally burdensome for all general stores called on to meet the specifications for bakeries. |
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4.

The Commission also submits that most of the conditions that are imposed on the ‘bake-off’ method are clearly unjustified and disproportionate, since that method consists only in the short final baking or the reheating of semi-baked or fully-baked frozen bread or bakery products. In addition, the Commission considers that those conditions are exceptionally burdensome for all general stores called on to meet the specifications for bakeries.

| 5. | The Commission therefore considers that the Hellenic Republic is infringing its obligations under Article 28 of the EC Treaty. |
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5.

The Commission therefore considers that the Hellenic Republic is infringing its obligations under Article 28 of the EC Treaty.

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