Case C-307/13: Judgment of the Court (Seventh Chamber) of 10 July 2014 (request for a preliminary ruling from the Helsingborgs tingsrätt — Sweden) — criminal proceedings against Lars Ivansson, Carl-Rudolf Palmgren, Kjell Otto Pehrsson, Håkan Rosengren (Reference for a preliminary ruling — Internal market — Directive 98/34/EC — Third subparagraph of Article 8(1) — Information procedure in the field of technical rules and regulations — Notion of ‘technical regulation’  — Hens for egg production — Shortening of a timetable for implementation originally envisaged for the entry into force of the technical rule — Obligation to notify — Conditions — Discrepancies between language versions)
Date: 2014-07-10
Institutions: Court of Justice
Subjects: domestic market, laying poultry, technical regulations








C_2014315EN.01001701.xml










15.9.2014   


EN


Official Journal of the European Union


C 315/17





Judgment of the Court (Seventh Chamber) of 10 July 2014 (request for a preliminary ruling from the Helsingborgs tingsrätt — Sweden) — criminal proceedings against Lars Ivansson, Carl-Rudolf Palmgren, Kjell Otto Pehrsson, Håkan Rosengren
(Case C-307/13) (1)

((Reference for a preliminary ruling - Internal market - Directive 98/34/EC - Third subparagraph of Article 8(1) - Information procedure in the field of technical rules and regulations - Notion of ‘technical regulation’ - Hens for egg production - Shortening of a timetable for implementation originally envisaged for the entry into force of the technical rule - Obligation to notify - Conditions - Discrepancies between language versions))
2014/C 315/24
Language of the case: Swedish

Referring court

Helsingborgs tingsrätt

Parties in the criminal proceedings before the national court

Lars Ivansson, Carl-Rudolf Palmgren, Kjell Otto Pehrsson, Håkan Rosengren

Operative part of the judgment







1.


The date finally chosen by the national authorities for the entry into force of a national measure, such as that at issue in the main proceedings, laying down the requirement that hens for egg production are to be kept in housing systems which meet the hens’ need for nests, perches and sand-baths and that the housing system is to be such that the mortality rate and behaviour disorders in the hens are kept to a low level, is subject to the obligation of communication to the European Commission, as laid down in the third subparagraph of Article 8(1) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, where a change to the timetable for the implementation of that national measure was, in effect, made, and was significant in nature, which it is for the national court to ascertain;










2.


If the shortening of the timetable for the entry into force of a technical regulation is subject to the obligation of communication to the European Commission, as laid down in the third subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, the failure to make such a communication would render that national measure inapplicable, such that it could not be enforced against individuals.






(1)  OJ C 215, 27.7.2013.