Case C-207/08: Order of the Court (Sixth Chamber) of 11 July 2008 (reference for a preliminary ruling from the Panevėžio apygardos teismas — Republic of Lithuania) — Criminal proceedings against Edgar Babanov (First paragraph of Article 104(3) of the Rules of Procedure — Agriculture — Free movement of goods — National legislation prohibiting the cultivation of any type of hemp)
Date: 2008-07-11
Institutions: Court of Justice
Subjects: Lithuania, criminal court, crop production, hemp, interpretation of the law, penal code, penalty

8.11.2008

EN

Official Journal of the European Union

C 285/15

Order of
the Court (Sixth Chamber) of 11 July 2008
(reference for a preliminary ruling from the Panevėžio
apygardos teismas — Republic of Lithuania) — Criminal
proceedings against Edgar Babanov

Appeal brought on 21 February 2008 by Athanasios
Pitsiorlas against
the Court of First
Instance (Fifth Chamber) delivered on 27 November 2007
in Joined Cases T-3/00 and T-337/04 Athanasios Pitsiorlas v
Council of the European Union and European Central Bank

the judgment of

(Case C-207/08) (1)

(First paragraph of Article 104(3) of the Rules of Procedure
— Agriculture — Free movement of goods — National legis-
lation prohibiting the cultivation of any type of hemp)

(2008/C 285/24)

Language of the case: Lithuanian

(Case C-84/08 P)

(2008/C 285/25)

Language of the case: Greek

Referring court

Panevėžio apygardos teismas

Criminal proceedings against

Edgar Babanov

Action

Reference for a preliminary ruling — Panevėžio apygardos
teismas — Compatibility with the law of the European Union of
national legislation providing for criminal liability for cultivating
any type of hemp — Power of a court to apply national legisla-
tion when the hemp content of active substances does not
exceed a certain threshold

Parties

Appellant: Athanasios Pitsiorlas (represented by: D. Papafilippou,
dikigoros)

Other parties to the proceedings: Council of the European Union,
European Central Bank

By order of 3 July 2008, the Court of Justice (Second
Chamber) dismissed the appeal and ruled that Athanasios
Pitsiorlas had to bear the costs.

Operative part of the judgment

Action brought on 17 July 2008 — Commission of the
European Communities v French Republic

for

and

farmers

1. Council Regulation (EC) No 1782/2003 of 29 September
2003 establishing common rules for direct support schemes under
the common agricultural policy and establishing certain support
schemes
(EEC)
No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC)
(EC)
No 1454/2001,
No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and
(EC) No 2529/2001 must be interpreted as meaning that
it
precludes national legislation which has the effect of prohibiting the
cultivation and possession of hemp grown for fibre covered by that
regulation.

amending Regulations

(EC) No 1251/1999,

(EC) 1868/94,

2. Community law precludes the court of a Member State from
applying national
to Regulation
No 1782/2003, has the effect of prohibiting the cultivation and
possession of hemp grown for fibre covered by that regulation.

legislation which,

contrary

(Case C-327/08)

(2008/C 285/26)

Language of the case: French

Parties

(1) OJ C 209 of 15.8.2008.

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and D. Kukovec, Agents)

Defendant: French Republic