Case C-423/06: Action brought on 16 October 2006 — Commission of the European Communities v Republic of Poland
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, distributive trades, freedom to provide services, national implementing measure, right of establishment, toxic substance

C 326/28

EN

Official Journal of the European Union

30.12.2006

3. Must the measures referred to in question (2) be adopted by
the Community institutions
and implemented by the
Member States in a manner which ensures compliance with
the subsequently adopted Regulation No 183/2005? (2)

4. Must Regulation No 183/2005, read together with Articles 8
and 16 of Regulation No 178/2002 (3), be interpreted as
prohibiting producers of feedingstuffs from affixing to their
products labels which could mislead consumers?

Action brought on 16 October 2006 — Commission of the
European Communities v Republic of Poland

(Case C-423/06)

(2006/C 326/58)

Language of the case: Polish

5. Are

labels affixed to feedingstuffs

regarded as
misleading for consumers where the percentages of
the
various ingredients, as indicated on those labels, may inten-
tionally be set by the producers at levels which deviate by
15 % in each case from the actual percentage?

to be

(1) OJ L 63, p. 23.
(2) OJ L 35, p. 1.
(3) OJ L 31, p. 1.

Action brought on 16 October 2006 — Commission of the
European Communities v Republic of Poland

(Case C-422/06)

(2006/C 326/57)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and K. Mojzesowicz, acting as Agents)

Defendant: Republic of Poland

Form of order sought

— declare that, by not adopting all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 74/556/EEC of 4 June 1974 laying down detailed
provisions concerning transitional measures relating to activ-
ities, trade in and distribution of toxic products and activities
entailing the professional use of such products including
activities of intermediaries (1) or, in any event, not informing
the Commission thereof, the Republic of Poland has failed
to fulfil its obligations under Article 7 of that directive;

— order the Republic of Poland to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and K. Mojzesowicz, acting as Agents)

The time-limit for transposition of Directive 74/556 expired on
30 June 2004.

Defendant: Republic of Poland

Form of order sought

— declare that, by not adopting all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 74/557/EEC of 4 June 1974 on the attainment of
freedom of establishment and freedom to provide services in
respect of activities of self-employed persons and of interme-
diaries engaging in the trade and distribution of
toxic
products (1) or, in any event, not informing the Commission
thereof, the Republic of Poland has failed to fulfil its obliga-
tions under Article 8 of that directive;

— order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 74/557 expired on
30 June 2004.

(1) OJ No L 307, 18.11.1974, p. 5.

(1) OJ No L 307, 18.11.1974, p. 1.

Reference for a preliminary ruling from the Corte Suprema
di Cassazione (Italy) lodged on 16 October 2006 — Minis-
tero dell'Economia e delle Finanze v Part Service Srl, in
liquidation

(Case C-425/06)

(2006/C 326/59)

Language of the case: Italian

Referring court

La Corte Suprema di Cassazione