Case C-165/08: Action brought on 17 April 2008 — Commission of the European Communities v Republic of Poland
Date: 2008-04-17
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, genetically modified organism, marketing restriction, seed, transgenic plant

19.7.2008

EN

Official Journal of the European Union

C 183/11

(2) Must Article 2(2) and (3) of Commission Regulation (EEC)
No 1593/91 of 12 June 1991, read in conjunction with
Article 11(1) and (2) of the Convention of 14 November
1975 on the International Transport of Goods under Cover
of TIR Carnets (TIR Convention), be interpreted as meaning
that
the period laid down therein applies only for the
furnishing of proof as to the regularity of the transport
operation, but not for the furnishing of proof as to the
place where the offence or irregularity was committed?

(3) Must Article 2(2) and (3) of Commission Regulation (EEC)
No 1593/91 of 12 June 1991, read in conjunction with
Article 11(1) and (2) of the Convention of 14 November
1975 on the International Transport of Goods under Cover
of TIR Carnets (TIR Convention), be interpreted as meaning
that, in so far as the period laid down therein also applies
for the furnishing of proof as to the place where the offence
or irregularity was committed, that period is not a strict
period and that the carnet holder may still furnish that
proof even after that period has expired?.

(1) Commission Regulation (EEC) No 1593/91 of 12 June 1991
providing for
the implementation of Council Regulation (EEC)
No 719/91 on the use in the Community of TIR carnets and ATA
carnets as transit documents (OJ 1991 L 148, p. 11).

Action brought on 17 April 2008 — Commission of the
European Communities v Republic of Poland

(Case C-165/08)

(2008/C 183/20)

— order

the Republic of Poland to pay the costs of

the

proceedings.

Pleas in law and main arguments

The national provision stating that ‘seed derived from genetically
modified varieties may not be authorised for marketing within
the territory of the Republic of Poland’ is at variance with Direc-
tive 2001/18/EC, which lays down the principles governing the
bringing onto the market of genetically modified organisms.
Article 22 of that directive prohibits the Member States from
imposing additional conditions on the marketing of organisms
which have been authorised at Community level, while
Article 23 of the directive provides for restrictions and prohibi-
tions only in the case of particular genetically modified organ-
isms and only in special circumstances. In none of its provisions
does the directive authorise a Member State to prohibit, in a
general and unjustified manner, the marketing, within its terri-
tory, of an entire category (in this case, seed) of genetically
modified organisms. The aforementioned provision is also at
variance with Directive 2002/53/EC,
in particular Article 16
thereof,
inasmuch as it constitutes a marketing restriction in
relation to seed derived from varieties listed in the common
catalogue of varieties of agricultural plant species.

The national provision stating that ‘genetically modified varieties
may not be registered in the national catalogue’ is at variance
with Directive 2002/53/EC. Article 4(4) of that directive does
not authorise Member States to prohibit generally the registra-
tion of genetically modified varieties in the national catalogue,
but rather imposes on them solely the obligation to ensure,
when such varieties are being entered in the national catalogue,
that each of those varieties had been approved in accordance
with the Community legislation applicable to genetically modi-
fied organisms.

Language of the case: Polish

(1) OJ L 106, 17.4.2001, p. 1-39.
(2) OJ L 193, 20.7.2002, p. 1-11.

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Doherty and A. Szmytkowska, Agents)

Defendant: Republic of Poland

Form of order sought

— declare that, by introducing a ban on the free movement of
seed derived from genetically modified varieties and by
prohibiting the registration of genetically modified varieties
in the national catalogue of varieties,
the Republic of
Poland has failed to comply with its obligations under Direc-
tive 2001/18/EC of the European Parliament and of the
Council (1) in its entirety, and in particular pursuant to Arti-
cles 22 and 23 thereof, as well as its obligations under
2002/53/EC (2),
Council Directive
particular
Articles 4(4) and 16 thereof;

and

in

Reference for a preliminary ruling from the Amtsgericht
Büdingen (Germany) lodged on 18 April 2008 — Criminal
proceedings against Guido Weber

(Case C-166/08)

(2008/C 183/21)

Language of the case: German

Referring court

Amtsgericht Büdingen