EN Official Journal of the European Union C 287/9

Judgment of the Court (Third Chamber) of 12 July 2012 (reference for a preliminary ruling from the Cour d’appel de Nancy — France) — Association Kokopelli v Graines Baumaux SAS

(Case C-59/11) (1)

(Agriculture - Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC - Validity - Vegetables - Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species - Non-compliance with system of prior authorisation for marketing - International Treaty on Plant Genetic Resources for Food and Agriculture - Principle of proportionality - Freedom to conduct a business - Free movement of goods - Equal treatment)

2012/C 287/14

Language of the case: French

Referring court

Cour d’appel de Nancy

Parties to the main proceedings

Applicant: Association Kokopelli

Defendant: Graines Baumaux SAS

Re:

Reference for a preliminary ruling — Cour d’appel de Nancy — Validity, in the light of inter alia the principles of proportionality, equal treatment, free movement of goods and undertakings under the International Treaty on Plant Genetic Resources for Food and Agriculture, Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (OJ 1999 L 25, p. 1), Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ 2002 L 193, p. 1), Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ 2002 L 193, p. 33) and Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (OJ 1999 L 312, p. 44) — Sale on the national market of vegetable seed not included in the official common catalogue of varieties of vegetable species — Non-compliance with national scheme of prior marketing authorisation, deemed to be too restrictive — Acts of unfair competition or infringement of the principles of proportionality, equal treatment and free movement of goods

Operative part of the judgment

Consideration of the question raised has disclosed no factor of such a kind as to affect the validity of Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed, and of Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties.

(1) OJ C 120, 16.4.2011.