Case C-64/20: Judgment of the Court (First Chamber) of 17 March 2021 (request for a preliminary ruling from the Ard-Chúirt — Ireland) — UH v An tAire Talmhaíochta, Bia agus Mara, Éire, An tArd-Aighne (Reference for a preliminary ruling — Article 288 TFEU — Directive 2001/82/EC — Community code relating to veterinary medicinal products — Articles 58, 59 and 61 — Information to be provided on outer packaging, immediate packaging and the package leaflet for veterinary medicinal products — Obligation to provide information in all the official languages of the Member State in which the product is marketed — National legislation providing that the information may be provided in one or other of the official languages of the Member State — National court hearing an action for a declaration that the Member State had failed correctly to transpose Directive 2001/82/EC and that the competent national authorities must amend the national legislation)
Date: 2021-03-17
Institutions: Court of Justice
Subjects: EU Member State, consumer information, labelling, market approval, national implementing measure, national law, official language, packaging, veterinary legislation, veterinary medicinal product








C_2021180EN.01000201.xml










10.5.2021   


EN


Official Journal of the European Union


C 180/2






Judgment of the Court (First Chamber) of 17 March 2021 (request for a preliminary ruling from the Ard-Chúirt — Ireland) — UH v An tAire Talmhaíochta, Bia agus Mara, Éire, An tArd-Aighne
(Case C-64/20) (1)

(Reference for a preliminary ruling - Article 288 TFEU - Directive 2001/82/EC - Community code relating to veterinary medicinal products - Articles 58, 59 and 61 - Information to be provided on outer packaging, immediate packaging and the package leaflet for veterinary medicinal products - Obligation to provide information in all the official languages of the Member State in which the product is marketed - National legislation providing that the information may be provided in one or other of the official languages of the Member State - National court hearing an action for a declaration that the Member State had failed correctly to transpose Directive 2001/82/EC and that the competent national authorities must amend the national legislation)
(2021/C 180/02)
Language of the case: Irish

Referring court

Ard-Chúirt

Parties to the main proceedings


Applicant: UH

Defendants: An tAire Talmhaíochta, Bia agus Mara, Éire, An tArd-Aighne

Operative part of the judgment

Article 288 TFEU must be interpreted as precluding a national court — which, in the context of proceedings laid down in national law for that purpose, finds that the Member State to which it pertains has failed to fulfil its obligation to transpose correctly Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products, as amended by Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 — from refusing, on the ground that it appears to it that the national legislation is consistent with Regulation (EU) 2019 /6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC, which repeals that directive and will apply with effect from 28 January 2022, to make a declaration that that Member State has not correctly transposed that directive and is required to take remedial steps in that regard.


(1)  OJ C 162, 11.5.2020.