Case C-11/04: Reference for a preliminary ruling by the Consiglio di Stato (Sixth Chamber) by order of that Court of 11 November 2003 in the case of Spa Fratelli Martini & C. Martini and Cargill srl against Ministero per le Politiche Agricole e Forestali, Ministero della Salute, and Ministero delle Attività Produttive
Date: 2004-03-06
Institutions: Court of Justice
Subjects: animal nutrition, consumer information, interpretation of the law, labelling, manufactured feedingstuffs, raw material

C 59/18

EN

Official Journal of the European Union

6.3.2004

Reference for a preliminary ruling by the Consiglio
di Stato (Sixth Chamber) by order of that Court of
11 November 2003 in the case of Spa Fratelli Martini &
C. Martini and Cargill srl against Ministero per le Politiche
Agricole e Forestali, Ministero della Salute, and Ministero
delle Attività Produttive

Reference for a preliminary ruling by the Consiglio
di Stato (Sixth Chamber) by order of that Court of
11 November 2003 in the case of Ferrari Mangimi srl and
Associazione nazionale produttori alimenti zootecnici
ASSALZOO against Ministero per le Politiche Agricole e
Forestali, Ministero della Salute, and Ministero delle
Attività Produttive

(Case C-11/04)

(2004/C 59/29)

Reference has been made to the Court of Justice of the
European Communities by order of the Consiglio di Stato
(Council of State, Judicial Division, Sixth
(Sixth Chamber)
Chamber) of 11 November 2003, received at
the Court
Registry on 15 January 2004, for a preliminary ruling in the
case of Spa Fratelli Martini & C. Martini and Cargill srl against
Ministero per le Politiche Agricole e Forestali, Ministero della
Salute, and Ministero delle Attività Produttive on the following
questions:

1. Must Article 152(4)(b) EC be interpreted as being the
correct legal basis for the adoption of measures on
labelling, contained in Directive 2002/2/EC, where they
refer to the labelling of vegetable feedingstuffs?

2.

justified on the basis of

In so far as it imposes an obligation to indicate the precise
feed materials contained in compound feedingstuffs,
which applies even to vegetable-based feedingstuffs, is
Directive 2002/2/EC (1)
the
precautionary principle in the absence of a risk assess-
ment, based on scientific studies, which requires that
precautionary measure on the basis of a possible corre-
lation between the quantity of feed materials used and
the risk of the diseases to be prevented? And is that
directive nevertheless justified in the light of the principle
of proportionality, in so far as the obligations on the part
of the feedingstuffs industry to disclose information to
the public authorities, which are required to maintain
business secrecy, and are competent to monitor health
protection, are not sufficiently directed to the attainment
of the public health objectives supposed to be the purpose
of the measure, instead imposing general rules requiring
the indication of
feed
materials used on the labels of vegetable-based feeding-
stuffs?

the percentage quantities of

3.

In so far as it fails to respect the principle of pro-
portionality, does Directive 2002/2/EC conflict with the
fundamental right of property of the citizens of the
Member States?

(1) OJ L 63 of 6.03.2002, p. 23.

(Case C-12/04)

(2004/C 59/30)

Reference has been made to the Court of Justice of the
European Communities by order of the Consiglio di Stato
(Council of State, Judicial Division, Sixth
(Sixth Chamber)
Chamber) of 11 November 2003, received at
the Court
Registry on 15 January 2004, for a preliminary ruling in the
case of Ferrari Mangimi srl and Associazione nazionale
produttori alimenti zootecnici ASSALZOO against Ministero
per le Politiche Agricole e Forestali, Ministero della Salute, and
Ministero delle Attività Produttive on the following questions:

1. Must Article 152(4)(b) EC be interpreted as being the
correct legal basis for the adoption of measures on
labelling, contained in Directive 2002/2/EC (1), where
they refer to the labelling of vegetable feedingstuffs?

2.

In so far as it imposes an obligation to indicate the precise
feed materials contained in compound feedingstuffs,
which applies even to vegetable-based feedingstuffs, is
Directive 2002/2/EC justified on the basis of the pre-
cautionary principle in the absence of a risk assessment,
based on scientific studies, which requires that pre-
cautionary measure on the basis of a possible correlation
between the quantity of feed materials used and the risk
of the diseases to be prevented? And is that directive
nevertheless justified in the light of the principle of
proportionality, in so far as the obligations on the part of
the feedingstuffs industry to disclose information to
the public authorities, which are required to maintain
business secrecy, and are competent to monitor health
protection, are not sufficiently directed to the attainment
of the public health objectives supposed to be the purpose
of the measure, instead imposing general rules requiring
the indication of
feed
materials used on the labels of vegetable-based feeding-
stuffs?

the percentage quantities of