# C_2023286EN.01001201.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/12 |
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14.8.2023

EN

Official Journal of the European Union

C 286/12

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Judgment of the Court (Fifth Chamber) of 29 June 2023 (requests for a preliminary ruling from the Conseil d’État — France) — Association interprofessionnelle des fruits et légumes frais (Interfel) v Ministre de l’Agriculture et de la Souveraineté alimentaire

(Joined Cases C-501/22 to C-504/22, (1) Interfel and Others)

(Reference for a preliminary ruling - Agriculture and fisheries - Common organisation of the markets - Regulation (EU) No 1308/2013 - Article 164(1) and (4) - Marketing standards - Extension of an inter-trade agreement - Agreement providing for stricter rules than European Union rules)

(2023/C 286/13)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Association interprofessionnelle des fruits et légumes frais (Interfel)

Defendant: Ministre de l’Agriculture et de la Souveraineté alimentaire

Operative part of the judgment

| 1. | Article 164 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
  must be interpreted as meaning that the fixing, by means of agreement, decision or concerted practice agreed on within a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation, of harvesting dates or marketing dates for an agricultural product falls under the application of that article. |
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1.

Article 164 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

must be interpreted as meaning that the fixing, by means of agreement, decision or concerted practice agreed on within a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation, of harvesting dates or marketing dates for an agricultural product falls under the application of that article.

| 2. | Article 164(1) and (4) of Regulation No 1308/2013
  must be interpreted as meaning that a Member State may, at the request of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of that Member State and considered to be representative of the production of or trade in, or processing of, a given product, make binding some of the agreements, decisions or concerted practices agreed within that producer organisation, association of producer organisations or interbranch organisation on other operators acting in those economic areas who do not belong to that producer organisation, association of producer organisations or interbranch organisation, where the rules laid down in those agreements, decisions or concerted practices, which concern one or more of the aims listed in points (a) and (c) to (n) of paragraph 4 of that article, are stricter than those laid down in European Union rules or in standards adopted by the United Nations Economic Commission for Europe (UNECE). |
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2.

Article 164(1) and (4) of Regulation No 1308/2013

must be interpreted as meaning that a Member State may, at the request of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of that Member State and considered to be representative of the production of or trade in, or processing of, a given product, make binding some of the agreements, decisions or concerted practices agreed within that producer organisation, association of producer organisations or interbranch organisation on other operators acting in those economic areas who do not belong to that producer organisation, association of producer organisations or interbranch organisation, where the rules laid down in those agreements, decisions or concerted practices, which concern one or more of the aims listed in points (a) and (c) to (n) of paragraph 4 of that article, are stricter than those laid down in European Union rules or in standards adopted by the United Nations Economic Commission for Europe (UNECE).

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(1)  OJ C 424, 7.11.2022.

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