Opinion of the Advocate General — ECLI:EU:C:2003:131
Date: 2003-03-06
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Agriculture — Approximation of laws — Health rules for the production and placing on 
the market of raw milk, heat-treated milk and milk-based products — Directive 92/46 — 
National rules requiring a use-by date of four days for high-temperature pasteurised 
milk — Not permissible 
(Arts 28 EC and 30 EC; Council Directive 92/46) 
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SUMMARY — CASE C-294/01 
Council Directive 92/46 laying down the 
health rules for the production and placing 
on the market of raw milk, heat-treated 
milk and milk-based products, as amended 
by Directive 94/71, and Articles 28 EC and 
30 EC preclude national legislation which 
requires a use-by date of four days after 
preparation for high-temperature pasteur­
ised milk. 
(see para. 54, operative part) 
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