# C_2004228EN.01002901.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/29 |
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11.9.2004

EN

Official Journal of the European Union

C 228/29

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Reference for a preliminary ruling by the Tribunale di Voghera, by order of that court of 1 July 2004 in the case of Lidl Italia Srl against Comune di Stradella

(Case C-303/04)

(2004/C 228/59)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Voghera, of 1 July 2004, received at the Court Registry on 16 July 2004, for a preliminary ruling in the case of Lidl Italia Srl against Comune di Stradella on the following question:

| — | Are the provisions in Article 1 of Directive 83/189/EEC (now Directive 98/34/EC (1)) on technical standards and regulations to be interpreted as meaning that a national legislative provision such as Article 19 of Law No 93 of 23.3.2001, which prohibits the marketing in Italy of non-biodegradable cotton buds for cleaning ears, comes within the meaning of ‘technical regulation’ in Article 1 of that directive? |
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Are the provisions in Article 1 of Directive 83/189/EEC (now Directive 98/34/EC (1)) on technical standards and regulations to be interpreted as meaning that a national legislative provision such as Article 19 of Law No 93 of 23.3.2001, which prohibits the marketing in Italy of non-biodegradable cotton buds for cleaning ears, comes within the meaning of ‘technical regulation’ in Article 1 of that directive?

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| — | If the answer to the first question is in the affirmative, should the provision in Article 19 of Law No 93 of 23.3.2001 have been notified beforehand to the European Commission on the initiative of the Italian Government in accordance with Article 8 of Directive 83/189/EEC (now Directive 98/34/EC) in order to authorise its application in Italy under Articles 8 and 9 of that directive? |
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If the answer to the first question is in the affirmative, should the provision in Article 19 of Law No 93 of 23.3.2001 have been notified beforehand to the European Commission on the initiative of the Italian Government in accordance with Article 8 of Directive 83/189/EEC (now Directive 98/34/EC) in order to authorise its application in Italy under Articles 8 and 9 of that directive?

| — | If the answer to the second question is in the affirmative and if Article 19 of Law No 93 cited above was not notified to the European Commission, do the principles and rules on the free movement of goods laid down in Article 28 of the EC Treaty, in conjunction with the provisions of Directive 83/189/EEC (now Directive 98/34/EC), allow the Italian court not to apply that national provision as being unlawful, in so far as it applies to products coming from another Member State of the European Union? |
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If the answer to the second question is in the affirmative and if Article 19 of Law No 93 cited above was not notified to the European Commission, do the principles and rules on the free movement of goods laid down in Article 28 of the EC Treaty, in conjunction with the provisions of Directive 83/189/EEC (now Directive 98/34/EC), allow the Italian court not to apply that national provision as being unlawful, in so far as it applies to products coming from another Member State of the European Union?

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(1)  OJ L 204 of 21.7.1998, p.37.

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