Case C-421/06: Order of the Court (Third Chamber) of 8 November 2007 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Fratelli Martini & C. SpA, Cargill Srl v Ministero delle Politiche Agricole e Forestali, Ministero della Salute, Ministero delle Attività Produttive (First subparagraph of Article 104(3) of the Rules of Procedure — Judgment of the Court declaring a Community provision invalid — Obligations of the institutions — Animal health and public health requirements — Compound feedingstuffs for animals — Indication, on the label, of the percentages in weight of the raw materials present in the feedingstuff, with a tolerance of ± 15 % of the declared value — Prohibition on misleading the consumer)
Date: 2007-11-08
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

8.3.2008

EN

Official Journal of the European Union

C 64/13

Re:

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

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2002/91/EC of the European Parliament
and of the Council of 16 December 2002 on the energy perfor-
mance of buildings (OJ 2003 L 1, p. 65)

Re:

Operative part of the judgment

The Court:

1. Declares that by not having adopted, within the prescribed period,
the legislative, regulatory and administrative measures necessary to
comply with Directive 2002/91/EC of the European Parliament
and of the Council of 16 December 2002 on the energy perfor-
mance of buildings, the Hellenic Republic has failed to fulfil
its
obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

Reference for a preliminary ruling — Consiglio di Stato —
Effects of the judgment of the Court of Justice in Joined Cases
C-453/03, C-11/04, C 12/04 and C-194/04 (ABNA and Others)
by which Directive 2002/2/EC of the European Parliament and
of the Council of 28 January 2002 amending Council Directive
79/373/EEC on the circulation of compound feedingstuffs and
repealing Commission Directive 91/357/EEC (OJ 2002 L 63,
p. 23) was declared partially invalid — Obligation for the insti-
tutions to adopt a new act

(1) OJ C 211, 8.9.2007.

Operative part of the order

1. Article 1(4) of Directive 2002/2/EC of the European Parliament
and of the Council of 28 January 2002 amending Council Direc-
tive 79/373/EEC on the circulation of compound feedingstuffs and
repealing Commission Directive 91/357/EEC, which lays down an
obligation to indicate, on the labels of compound feedingstuffs for
animals, the percentages in weight of the raw materials of which
the feedingstuff is composed with a tolerance of ± 15 % of the
declared value as regards those percentages, must be interpreted as
meaning that it does not contradict Articles 8 and 16 of Regu-
lation (EC) No 178/2002 of the European Parliament and of the
Council of 28 January 2002 laying down the general principles
and requirements of
food law, establishing the European Food
Safety Authority and laying down procedures in matters of food
safety, which are intended, inter alia, to prevent the labelling and
from misleading the
presentation of
consumer.

for animals

feedingstuffs

2. Since Article 1(1)(b) of Directive 2002/2 laid down an indepen-
dent obligation bearing no relation to the obligations laid down by
the other provisions of that directive, the Court's declaration, in its
judgment of 6 December 2005 in Joined Cases C-453/03,
C-11/04, C-12/04 and C-194/04 ABNA and Others, that that
provision was invalid did not create a legal vacuum or a situation
of inconsistency requiring the Community institutions to adopt the
substantive amendments of Directive 2002/2.

In any event,
the invalidity of a Community provision results
directly from the judgment of the Court declaring that invalidity
and it is for the national authorities and courts of the Member
States to draw the consequences from that declaration in their
national legal order.

(1) OJ C 326, 30.12.2006.

Order of the Court (Third Chamber) of 8 November 2007
(reference for a preliminary ruling from the Consiglio di
Stato — Italy) — Fratelli Martini & C. SpA, Cargill Srl v
Ministero delle Politiche Agricole e Forestali, Ministero
della Salute, Ministero delle Attività Produttive

(Case C-421/06) (1)

subparagraph of Article 104(3) of

(First
the Rules of
Procedure — Judgment of the Court declaring a Community
provision invalid — Obligations of the institutions — Animal
health and public health requirements — Compound feeding-
stuffs for animals — Indication, on the label, of the percen-
tages in weight of the raw materials present in the feeding-
stuff, with a tolerance of ± 15 % of the declared value —
Prohibition on misleading the consumer)

(2008/C 64/19)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties

Applicants: Fratelli Martini & C. SpA, Cargill Srl