Case C-257/06: Judgment of the Court (Second Chamber) of 24 January 2008 (reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — Roby Profumi Srl v Comune di Parma (Article 28 EC — Directive 76/768/EEC — Protection of health — Cosmetic products — Importation — Communication of information on cosmetic products to the authorities of the State of importation)
Date: 2008-01-24
Institutions: Court of Justice
Subjects: analytical chemistry, approximation of laws, cosmetic product, interpretation of the law, marketing

8.3.2008

EN

Official Journal of the European Union

C 64/9

— reserves application of a tax-free amount to domestic agricultural
land and forestry in relation to those assets and takes account of
their remaining value in the amount of only 60 % thereof.

plant, and a full and detailed list of the substances used and the
substances contained in those products.

(1) OJ C 224, 16.9.2006.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Second Chamber) of 24 January
2008 (reference for a preliminary ruling from the Corte
suprema di cassazione (Italy)) — Roby Profumi Srl v
Comune di Parma

Judgment of the Court (Grand Chamber) of 29 January
2008 (Reference for a preliminary ruling from the Juzgado
de lo Mercantil No 5 de Madrid — Spain) — Productores
de Música de España (Promusicae) v Telefónica de España
SAU

(Case C-257/06) (1)

(Case C-275/06) (1)

(Article 28 EC — Directive 76/768/EEC — Protection of
products — Importation —
health — Cosmetic
Communication of information on cosmetic products to the
authorities of the State of importation)

(2008/C 64/11)

Language of the case: Italian

(Information society — Obligations of providers of services —
Retention and disclosure of certain traffic data — Obligation
of disclosure — Limits — Protection of the confidentiality of
electronic communications — Compatibility with the protec-
tion of copyright and related rights — Right to effective
protection of intellectual property)

(2008/C 64/12)

Language of the case: Spanish

Referring court

Corte suprema di cassazione

Referring court

Parties to the main proceedings

Appellant: Roby Profumi Srl

Respondent: Comune di Parma

Re:

Juzgado de lo Mercantil No 5 de Madrid

Parties to the main proceedings

Applicant: Productores de Música de España (Promusicae)

Defendant: Telefónica de España SAU

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Article 28 EC and Article 7 of
Council Directive 76/768/EEC of 27 July 1976 on the approxi-
mation of the laws of the Member States relating to cosmetic
products (OJ 1976 L 262, p. 169), as amended by Council
Directive 93/35/EEC of 14 June 1993 (OJ 1993 L 151, p. 32)
— Ready-for-sale products imported from other Member States
— National provisions requiring importers to communicate a
full and detailed list of the substances contained in the product

Operative part of the judgment

Article 7 of Council Directive 76/768/EEC of 27 July 1976 on the
approximation of the laws of the Member States relating to cosmetic
products, as amended by Council Directive 93/35/EEC of 14 June
1993, does not preclude a national provision which, in the interests of
prompt and appropriate medical treatment in the event of difficulties,
requires the importer of cosmetic products to communicate to the
Ministry of Health and to the Region the name or the corporate name
its registered office and that of the manufacturing
of the business,

Re:

in particular electronic commerce,

Reference for a preliminary ruling — Juzgado de lo Mercantil
no 5, Madrid, Spain — Interpretation of Articles 15(2) and 18
of Directive 2001/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services,
in the
Internal Market (OJ 2000 L 178, p. 1), Article 8 (1) and (2) of
Directive 2001/29/EC of the European Parliament and of the
Council of 22 May 2001 on the harmonisation of certain
aspects of copyright and related rights in the information
society (OJ 2001 L 167, p. 10) and Article 8 of Directive
2004/48/EC of the European Parliament and the Council of
29 April 2004 on the enforcement of
intellectual property
rights (OJ 2004 L 157, p. 45) — Treatment of data generated
by communications made in the context of the supply of an
information society service — Duty of operators of electronic
communications networks and services, providers of telecom-
munications network access and providers of data storage
services to retain and make available such data — Not where
civil proceedings are concerned.