# C_2017195EN.01001402.xml

| 19.6.2017 | EN | Official Journal of the European Union | C 195/14 |
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19.6.2017

EN

Official Journal of the European Union

C 195/14

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 3 April 2017 — Asociación Nacional de Productores de Ganado Porcino v Administración del Estado

(Case C-169/17)

(2017/C 195/19)

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Asociación Nacional de Productores de Ganado Porcino

Applicant:

Defendant: Administración del Estado

Defendant:

Questions referred

Questions referred

| 1. | Are Articles 34 [TFEU] and 35 TFEU to be interpreted as precluding national legislation such as Article 8(1) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which makes the use of the term ‘ibérico’ on products processed or marketed in Spain subject to the breeders of Iberian pigs in intensive farming systems (de cebo) increasing the total minimum unobstructed floor area per animal of more than 110 kg to 2 m2, even if it can — if appropriate — be demonstrated that the aim of that measure is to improve the quality of the products covered by the legislation? |
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1.

Are Articles 34 [TFEU] and 35 TFEU to be interpreted as precluding national legislation such as Article 8(1) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which makes the use of the term ‘ibérico’ on products processed or marketed in Spain subject to the breeders of Iberian pigs in intensive farming systems (de cebo) increasing the total minimum unobstructed floor area per animal of more than 110 kg to 2 m2, even if it can — if appropriate — be demonstrated that the aim of that measure is to improve the quality of the products covered by the legislation?

2

| 2. | Are Article 3(1)(a) of Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (1), and Article 12 thereof, to be interpreted as precluding national legislation such as Article 8(1) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which makes the use of the term ‘ibérico’ on products prepared or marketed in Spain subject to the breeders of Iberian pigs in intensive farming systems (de cebo) increasing the total minimum unobstructed floor area per animal of more than 110 kg to 2 m2 — even if the aim of the national legislation is to improve the quality of the products, and not specifically to provide better protection for pigs.
  If the answer to the previous question is in the negative, is Article 12 of Directive [2008/120/EC], in conjunction with Articles 34 and 35 of the Treaty on the Functioning of the European Union, to be interpreted as precluding a provision such as Article 8(1) of Royal Decree 4/2014 requiring the producers of other Member States, with the aim of improving the quality of the products processed and marketed in Spain — and not of providing better protection for pigs –, to fulfil the same conditions for rearing the animals as the Spanish producers in order that the products obtained from their pigs may use the sales descriptions which are regulated by that Royal Decree? |
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2.

Are Article 3(1)(a) of Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (1), and Article 12 thereof, to be interpreted as precluding national legislation such as Article 8(1) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which makes the use of the term ‘ibérico’ on products prepared or marketed in Spain subject to the breeders of Iberian pigs in intensive farming systems (de cebo) increasing the total minimum unobstructed floor area per animal of more than 110 kg to 2 m2 — even if the aim of the national legislation is to improve the quality of the products, and not specifically to provide better protection for pigs.

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2

If the answer to the previous question is in the negative, is Article 12 of Directive [2008/120/EC], in conjunction with Articles 34 and 35 of the Treaty on the Functioning of the European Union, to be interpreted as precluding a provision such as Article 8(1) of Royal Decree 4/2014 requiring the producers of other Member States, with the aim of improving the quality of the products processed and marketed in Spain — and not of providing better protection for pigs –, to fulfil the same conditions for rearing the animals as the Spanish producers in order that the products obtained from their pigs may use the sales descriptions which are regulated by that Royal Decree?

| 3. | Are Articles 34 [TFEU] and 35 TFEU to be interpreted as precluding national legislation, such as Article 8(2) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which imposes a minimum slaughter age of 10 months for pigs from which products in the de cebo category are made, with the aim of improving the quality of those products? |
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3.

Are Articles 34 [TFEU] and 35 TFEU to be interpreted as precluding national legislation, such as Article 8(2) of Royal Decree 4/2014 of 10 January approving the quality standard for Iberian meat, ham, shoulder ham and loin, which imposes a minimum slaughter age of 10 months for pigs from which products in the de cebo category are made, with the aim of improving the quality of those products?

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(1)  OJ 2009 L 47, p. 5.

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