Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-294/01 (Reference for a preliminary ruling from the Tribunale civile di Bologna): Granarolo SpA v Comune di Bologna (Agriculture — Health rules for the production and placing on the market of heat-treated milk — Free movement of goods — National law imposing a use-by date for high-temperature pasteurised milk)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: food inspection, foodstuff, health control, interpretation of the law, milk, milk product

10.1.2004

EN

Official Journal of the European Union

C 7/9

JUDGMENT OF THE COURT

(Fifth Chamber)

milk, heat-treated milk and milk-based products, as amended by
Council Directive 94/71/EC of 13 December 1994, and Articles 28
EC And 30 EC preclude national legislation such as that at issue in
the main proceedings, which requires a use-by date of four days after
preparation for high-temperature pasteurised milk.

of 13 November 2003

(1) OJ C 275 of 29.9.2001.

in Case C-294/01 (Reference for a preliminary ruling from
the Tribunale civile di Bologna): Granarolo SpA v Comune
di Bologna (1)

(Agriculture — Health rules for the production and placing
on the market of heat-treated milk — Free movement of
goods — National law imposing a use-by date for high-
temperature pasteurised milk)

(2004/C 7/13)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

(Language of the case: Italian)

in Case C-296/01: Commission of the European Communi-
ties v French Republic (1)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 90/220/EEC — Genetically modified
organisms)

In Case C-294/01: Reference to the Court under Article 234
EC by the Tribunale civile di Bologna (Italy) for a preliminary
ruling in the proceedings pending before that court between
Granarolo SpA and Comune di Bologna, on the interpretation
of Council Directive 92/46/EEC of 16 June 1992 laying down
the health rules for the production and placing on the market
of raw milk, heat-treated milk and milk-based products (OJ
1992 L 268, p. 1), as amended by Council Directive 94/71/EC
of 13 December 1994 (OJ 1994 L 368, p. 33), of Council
Directive 79/112/EEC of 18 December 1978 on the approxi-
mation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (OJ 1979
L 33, p. 1), as amended by Directive 97/4/EC of the European
Parliament and of the Council of 27 January 1997 (OJ 1997
L 43, p. 21), and of Council Directive 89/396/EEC of 14 June
1989 on indications or marks identifying the lot to which a
foodstuff belongs (OJ 1989 L 186, p. 21), the Court (Fifth
Chamber), composed of: C.W.A. Timmermans, President of
the Fourth Chamber, acting as President of the Fifth Chamber,
P.
Judges; P. Léger,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 13 November 2003, in
which it has ruled:

Jann and S. von Bahr (Rapporteur),

Council Directive 92/46/EEC of 16 June 1992 laying down the
health rules for the production and placing on the market of raw

(2004/C 7/14)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-296/01, Commission of the European Communities
(Agent: G. zur Hausen, assisted by M. van der Woude and V.
Landes) v French Republic (Agents: G. de Bergues and R.
Loosli-Surrans): Application for a declaration that, by failing
to transpose correctly and fully Articles 5(1) to (4), 6(2) and
(5), 9(3), 11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3)
and (4) of Council Directive 90/220/EEC of 23 April 1990 on
the deliberate release into the environment of genetically
modified organisms (OJ 1990 L 117, p. 15), as amended by
Commission Directive 97/35/EC of 18 June 1997 adapting to
technical progress for the second time Directive 90/220 (OJ
1997 L 169, p. 72), the French Republic has failed to fulfil its
obligations under that directive and Article 249 EC, the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, R. Schintgen, V. Skouris, N. Colneric (Rappor-
teur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
General; R. Grass, Registrar, has given a judgment on 20 Nov-
ember 2003, in which it: