CELEX: C1998/258/44
Language: en
Date: 1998-08-15 00:00:00
Title: Reference for a preliminary ruling from the Landgericht Köln by order of that court of 15 May 1998 in the case of Estée Lauder Cosmetics GmbH & Co oHG v Lancaster Group GmbH (Case C-220/98)

15.8.98              EN                 Official Journal of the European Communities                                  C 258/27
Reference for a preliminary ruling by the House of Lords,                   certificate which accompanied them to the
by order of that court of 20 May 1998, in the case of                       Community was issued in the sense that they were
Regina against the Minister of Agriculture, Fisheries and                   never unloaded from the ship in question and/or
Food, ex parte: S. P. Anastasiou (Pissouri) Ltd and others,                 never passed the customs barrier; and/or
Interveners: Cypfruvex (UK) Ltd and Cypfruvex Fruit and
           Vegetable (Cypfruvex) Enterprises Ltd
                                                                        (b) the special requirements that applied to the
                       (Case C-219/98)
                                                                            relevant plants had already been satisfied in the
                        (98/C 258/43)                                       country of origin?
Reference has been made to the Court of Justice of the              5. Are the answers to Questions 1 and 2 different where
European Communities by an order of the House of Lords                  the relevant plants were submitted for the certification
of 20 May 1998, which was received at the Court                         in a non-Member Country other than that of origin,
Registry on 15 June 1998, for a preliminary ruling in the               not for any plant health reason, but so as not to
case of Regina against the Minister of Agriculture,                     have to obtain a phytosanitary certificate from the
Fisheries and Food, ex parte: S. P. Anastasiou (Pissouri)               authorities empowered to do so in the country of
Ltd and others, Interveners: Cypfruvex (UK) Ltd and                     origin?'
Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises
Ltd, on the following questions:
                                                                   (1) OJ L 26 of 31.1.1977, p. 20.
1. Under Article 12(1)(b) of Council Directive 77/93/
    EEC (1) of 21 December 1976 on protective measures
    against the introduction into the Member States of
    organisms harmful to plants or plant products as
    amended, (the Directive') is a Member State entitled
    to accept (and if so in what circumstances and subject         Reference for a preliminary ruling from the Landgericht
    to what conditions) the introduction into its territories      Köln by order of that court of 15 May 1998 in the case of
    of plants as defined in the Directive (plants')               EsteÂe Lauder Cosmetics GmbH & Co oHG v Lancaster
    originating in non-Member countries and listed in                                      Group GmbH
    Annex V, Part B of the Directive where those plants
    are accompanied only by a phytosanitary certificate                                   (Case C-220/98)
    issued by a non-Member country from which the
                                                                                           (98/C 258/44)
    plants have been transported to the Community and
    not by a phytosanitary certificate issued by the non-
    Member country of origin?
                                                                   Reference has been made to the Court of Justice of the
                                                                   European Communities by order of the Landgericht Köln
 2. Does the answer to Question 1 differ, and if so how, if        (Cologne Regional Court) of 15 May 1998, received at the
    the relevant plants are subject to special requirements        Court Registry on 15 June 1998, for a preliminary ruling
    laid down in Annex IV, Part A, Section 1 of the                in the case of EsteÂe Lauder Cosmetics GmbH & Co oHG
    Directive which can be fulfilled in non-Member                 v Lancaster Group GmbH on the following question:
    countries other than that of origin within the meaning
    of Article 9(1) of the Directive?
                                                                   Are Articles 30 and 36 of the EC Treaty and/or Article 6(3)
 3. Is the Judgment of the Court of Justice in Case C-432/         of Council Directive 76/768/EEC (1) relating to cosmetic
    92 Anastasiou [1994] E.C.R. I-3087 to be interpreted           products to be interpreted as precluding the application of
    and applied so as to preclude the national authorities         national legislation on unfair competition which allows
    of a Member State from permitting the importation of           the importation and distribution of a cosmetic product
    citrus fruits originating in the part of Cyprus to the         lawfully manufactured or distributed in a Member State of
    north of the United Nations Buffer Zone when they              the European Union to be prohibited on the ground that
    are accompanied by a phytosanitary certificate which           consumers will be misled by the word lifting' in the
    has been issued by the authorities of another non-             name, indicating the effect of the product, into assuming
    Member country from which those citrus fruits have             that it is of lasting effect, if that product is being
    been transported to the Community?                             distributed with the same indication of its effect on the
                                                                   packaging lawfully and without challenge in other
                                                                   countries within the European Union?
 4. Are the answers to any of the above questions
    different where:                                               (1) OJ L 262 of 27.9.1976, p. 169.
    (a) the relevant plants were never imported into the
        non-Member country in which the phytosanitary