Order — ECLI:EU:C:2008:407
Date: 2008-07-11
Language of the case: Lithuanian
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;General provisions;Free movement of goods;Flax and hemp
Concepts: Direct effect, primacy and uniform application of the Community law;Flax and hemp
Procedure: Reference for a preliminary ruling
Origin: Lithuania

Reference for a preliminary ruling from the Panevėžio apygardos teismas lodged on 20 May 2008 - Criminal proceedings against Edgar Babanov (Case C-207/08) Language of the case: Lithuanian Referring court Panevėžio apygardos teismas Party to the main proceedings Edgar Babanov Questions referred Is Article 265 of the Criminal Code of the Republic of Lithuania, in so far as it imposes criminal liability unconditionally for the cultivation of any type of hemp without exception, irrespective of the amount of active substance in it, contrary to provisions of the European Union and, specifically, which ones? If it is contrary to those provisions, may a court of the Republic of Lithuania adopt a decision applying national law (Article 265 of the Criminal Code), if the active substance in the hemp cultivated does not exceed 0.2%? ____________