Case C-132/03: Reference for a preliminary ruling by the Consiglio di Stato, Sezione Quarta by decision and order of that Court of 28 January 2003 in the case of Ministry of Health against Codacons and Federconsumatori, and concerning Lega delle Cooperative
Date: 2003-06-07
Institutions: Court of Justice
Subjects: child, consumer protection, genetically modified organism, human nutrition, interpretation of the law, labelling

C 135/12

EN

Official Journal of the European Union

7.6.2003

Spanish authorities to the Commission, it is clear that
various municipalities in the Baix Ter area have exceeded
on several occasions the maximum nitrate parameters
laid down in Directive 80/778/EEC,
in some cases
reaching extremely elevated concentrations.

Reference for a preliminary ruling by the Tribunale
Ordinario di Torino — Sezione del giudice per le indagini
preliminari by order of that Court of 25 February 2003 in
the criminal proceedings against Alessandro Nizza and
Giacomo Pizzi

( 1) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975

L 194, p. 39).

( 2) Council Directive 91/156/EEC of 18 March 1991 amending

Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32).

( 3) Council Directive 85/337/EEC of 27 June 1985 on the assessment
the effects of certain public and private projects on the

of
environment (OJ 1985 L 175, p. 40).

( 4) Directive 97/11/EC of 3 March 1997 amending Directive 85/337/
EEC on the assessment of the effects of certain public and private
projects on the environment (OJ 1997 L 73, p. 5).

( 5) Council Directive 80/68/EEC of 17 December 1979 on the
protection of groundwater against pollution caused by certain
dangerous substances (OJ 1980 L 20, p. 43).

( 6) Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption (OJ 1980
L 229, p. 11).

Reference for a preliminary ruling by the Consiglio di
Stato, Sezione Quarta by decision and order of that Court
of 28 January 2003 in the case of Ministry of Health
against Codacons and Federconsumatori, and concerning
Lega delle Cooperative

(Case C-132/03)

(2003/C 135/16)

Reference has been made to the Court of Justice of the
European Communities by decision and order of the Consiglio
di Stato, Sezione Quarta (Council of State, Fourth Chamber) of
28 January 2003, received at the Court Registry on 25 March
2003, for a preliminary ruling in the case of Ministry of Health
against Codacons and Federconsumatori, and concerning Lega
delle Cooperative on the following question:

Must Article 2(2)(b) of Regulation (EC) No 1139/98 (1), as
amended by Article 1 of Regulation (EC) No 49/2000 (2), apply
also to baby foods for infants and for young children of up to
three years of age, and, more specifically, in relation to such
products, must the adventitious contamination by material
derived from genetically modified organisms in a proportion
of no more than 1 % be indicated on the labelling?

( 1) OJ L 159 of 03.06.1998, p. 4.
( 2) OJ L 6 of 11.01.2000, p. 13.

(Case C-133/03)

(2003/C 135/17)

Reference has been made to the Court of
Justice of the
European Communities by order of the Tribunale Ordinario di
Torino — Sezione del giudice per le indagini preliminari
(Turin District Court, Chamber of the Investigating Judge) of
25 February 2003, received at the Court Registry on 25 March
2003, for a preliminary ruling in the criminal proceedings
against Alessandro Nizza and Giacomo Pizzi on the following
questions:

1. May Article 6 of Directive 68/151/EEC (1) be interpreted
as imposing an obligation upon the Member States to
establish appropriate penalties not only for failure on the
part of commercial companies to publish their balance
sheet and profit and loss statement but also for publishing
inaccurate versions of those statements or of other
company information addressed to shareholders or the
public or of any other information concerning their
economic, asset or financial position which they are
required to provide and which concern the company
itself or the group of companies to which it belongs?

the

in particular,

2. With reference to the obligation upon each Member State
to adopt ‘appropriate penalties’ for the infringements
provided for in the First Directive 68/151/EEC and the
Fourth Directive 78/660/EEC (2), must those directives
combined provisions of
and,
Article 44(2)(g) of the Treaty Establishing the European
Community, Article 2(1)(f) and Article 6 of the First
Directive and Article 2(2),
(3) and (4) of the Fourth
Directive, as amended by Directive 83/349/EEC (3) and
Directive 90/605/EEC (4), be interpreted as precluding the
legislation of a Member State under which no penalty
may be imposed for breach of the duty to publish true
and fair company documents and which lays down a
system of penalties which are not responsive to the
criteria of effectiveness, proportionality and deterrent
effect?

3. Must the directives mentioned, and in particular the
provisions of Article 44(2)(g) of the Treaty Establishing
the European Community, Article 2(1)(f) and Article 6 of
the First Directive and Article 2 (2), (3) and (4) of the
Fourth Directive, as amended by Directive 83/349/EEC
and Directive 90/605/EEC, be interpreted as precluding
the legislation of a Member State under which, in the case
of breach of the duty to publish true and fair company