# C_2022424EN.01002401.xml

| 7.11.2022 | EN | Official Journal of the European Union | C 424/24 |
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7.11.2022

EN

Official Journal of the European Union

C 424/24

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 22 July 2022 — Association interprofessionnelle des fruits et légumes frais (Interfel) v Ministère de l’Agriculture et de la Souveraineté alimentaire

(Case C-503/22)

(2022/C 424/30)

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: Ministère de l’Agriculture et de la Souveraineté alimentaire

Questions referred

| 1. | Is 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 (1) to be interpreted as authorising the extension of inter-trade agreements which establish more stringent standards than those laid down in Union rules not only in the case of ‘production rules’, mentioned in point (b) of Article 164(4), but also in all of the cases mentioned in points (a) and (c) to (n) thereof, in relation to which Article 164 provides that the extension of an inter-trade agreement may be requested and, in particular, as authorising, where EU rules lay down marketing and packaging rules for a given class of fruit or vegetables, the adoption of more stringent rules in an inter-trade agreement and their extension to all operators? |
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1.

Is 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 (1) to be interpreted as authorising the extension of inter-trade agreements which establish more stringent standards than those laid down in Union rules not only in the case of ‘production rules’, mentioned in point (b) of Article 164(4), but also in all of the cases mentioned in points (a) and (c) to (n) thereof, in relation to which Article 164 provides that the extension of an inter-trade agreement may be requested and, in particular, as authorising, where EU rules lay down marketing and packaging rules for a given class of fruit or vegetables, the adoption of more stringent rules in an inter-trade agreement and their extension to all operators?

| 2. | If the answer to question 1 depends on whether it is ‘marketing rules’, mentioned in point (d) of Article 164(4), or ‘minimum standards of packing and presentation’, referred to in point (k) thereof, that are at issue, does the definition of size ranges intended to ensure the uniformity of products in the same package fall under marketing rules or under standards of packing and presentation? |
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2.

If the answer to question 1 depends on whether it is ‘marketing rules’, mentioned in point (d) of Article 164(4), or ‘minimum standards of packing and presentation’, referred to in point (k) thereof, that are at issue, does the definition of size ranges intended to ensure the uniformity of products in the same package fall under marketing rules or under standards of packing and presentation?

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(1)  OJ 2013 L 347, p. 671.

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