Opinion of the Advocate General — ECLI:EU:C:1999:134
Date: 1999-03-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Plants and flowers;Plant health legislation
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Agriculture — Approximation of laws — Protection of plant health — Directive 77/93 — 
Ban on the importation to Italy of fruits of the Citrus genus from non-member 
countries — Ban lifted by a subsequent directive — Application of national legislation 
under which the ban is maintained — Not permissible 
(Council Directive 77/93, Art. 4(2)(a); Commission Directives 92/76, 95/40 and 96/15) 
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SUMMARY — CASE C-14/98 
The ban on importing fruits of the Citrus 
genus into Italy (a protected zone), set out 
in Article 4(2)(a) of Directive 77/93 on 
protective measures against the introduc­
tion into the Member States of organisms 
harmful to plants or plant products, ceased 
to apply in that Member State on 1 April 
1996, the date on which recognition of 
Italy as a protected zone under Directive 
92/76 recognising protected zones exposed 
to particular plant health risks in the 
Community came to an end by application 
of Directives 95/40 and 96/15, even though 
Directive 77/93 had not yet been amended. 
Directives 95/40 and 96/15 preclude the 
application of national legislation which 
maintains such a ban in force after that 
date. 
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