Case C-421/06: Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 16 October 2006 — Fratelli Martini & C. s.p.a, Cargill s.r.l. v Ministero delle Politiche Agricole e Forestali, Ministero della Salute, Ministero delle Attività Produttive
Date: 2006-12-30
Institutions: Court of Justice
Subjects: EU law - national law, animal nutrition, consumer information, interpretation of the law, judgment of the Court (EU), labelling, manufactured feedingstuffs, marketing

30.12.2006

EN

Official Journal of the European Union

C 326/27

Action brought on 11 October 2006 — Commission of the
European Communities v Republic of Poland

Question referred

(Case C-416/06)

(2006/C 326/54)

Language of the case: Polish

financial

Can Article 2(2) of Council Regulation (EC, Euratom) No
2988/95 of 18 December 1995 on the protection of the Euro-
pean Communities'
construed as
meaning that a provision imposing a more favourable penalty
(concerning livestock aid) is to be applied retroactively even if
that provision in principle only applies for a period of time
during which livestock aid in the Member State concerned is no
longer granted as a direct payment has been introduced?

interests (1) be

Parties

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

(1) OJ 1995 L 312, p. 1.

Defendant: Republic of Poland

Form of order sought

— declare that, by not ensuring actual availability of at least
one comprehensive directory and one comprehensive direc-
tory enquiry service in accordance with the requirements set
out in Article 5(1) and (2) and Article 25(1) and (3) of
Directive 2002/22/EC of the European Parliament and of
the Council of 7 March 2002 on universal service and users'
rights relating to electronic communications networks and
services (1), the Republic of Poland has failed to fulfil its obli-
gations under that directive;

— order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2002/22 expired
on 30 June 2004.

(1) OJ No L 108, 24.4.2002, p. 51.

Reference for a preliminary ruling from the Consiglio di
Stato (Italy) lodged on 16 October 2006 — Fratelli Martini
& C. s.p.a, Cargill s.r.l. v Ministero delle Politiche Agricole e
Forestali, Ministero della Salute, Ministero delle Attività
Produttive

(Case C-421/06)

(2006/C 326/56)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Fratelli Martini & C. s.p.a, Cargill s.r.l.

Reference for a preliminary ruling from the Verwaltungs-
gericht Schwerin (Germany) lodged on 16 October 2006
— Rüdiger Jager v Amt für Landwirtschaft Bützow

Defendants: Ministero delle Politiche Agricole e Forestali, Minis-
tero della Salute, Ministero delle Attività Produttive,

(Case C-420/06)

(2006/C 326/55)

Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings

Applicant: Rüdiger Jager

Defendant: Amt für Landwirtschaft Bützow

Questions referred

1. Following the judgment of

the Court of

Justice of 6
December 2005 in Joined Cases 453/03, 11/04, 12/04 and
194/04, which declared Directive 2002/2 (1) partially invalid,
are the European institutions which adopted that Directive,
having regard to Article 233 of the EC Treaty (referring to
‘required to take the
acts which have been declared void)
necessary measures to comply with the judgment of
the
Court of Justice’?

2. If the answer to question (1) is in the affirmative, must the
measures which the European institutions are required to
adopt in order to bring Directive 2002/2 into conformity
with that judgment of the Court of Justice enter into force
first in the Community legal order, to enable the Member
States to implement them in their own legal systems?

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