CELEX: C2004/059/29
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-11/04: Reference for a preliminary ruling by the Consiglio di Stato (Sixth Chamber) by order of that Court of 11 November 2003 in the case of Spa Fratelli Martini & C. Martini and Cargill srl against Ministero per le Politiche Agricole e Forestali, Ministero della Salute, and Ministero delle Attività Produttive

C 59/18                 EN                         Official Journal of the European Union                                           6.3.2004
Reference for a preliminary ruling by the Consiglio                        Reference for a preliminary ruling by the Consiglio
di Stato (Sixth Chamber) by order of that Court of                         di Stato (Sixth Chamber) by order of that Court of
11 November 2003 in the case of Spa Fratelli Martini &                     11 November 2003 in the case of Ferrari Mangimi srl and
C. Martini and Cargill srl against Ministero per le Politiche              Associazione nazionale produttori alimenti zootecnici
Agricole e Forestali, Ministero della Salute, and Ministero                ASSALZOO against Ministero per le Politiche Agricole e
                     delle Attività Produttive                             Forestali, Ministero della Salute, and Ministero delle
                                                                                                   Attività Produttive
                          (Case C-11/04)
                          (2004/C 59/29)                                                             (Case C-12/04)
Reference has been made to the Court of Justice of the                                               (2004/C 59/30)
European Communities by order of the Consiglio di Stato
(Sixth Chamber) (Council of State, Judicial Division, Sixth
Chamber) of 11 November 2003, received at the Court
Registry on 15 January 2004, for a preliminary ruling in the
case of Spa Fratelli Martini & C. Martini and Cargill srl against
Ministero per le Politiche Agricole e Forestali, Ministero della
Salute, and Ministero delle Attività Produttive on the following
questions:
                                                                           Reference has been made to the Court of Justice of the
1.    Must Article 152(4)(b) EC be interpreted as being the                European Communities by order of the Consiglio di Stato
      correct legal basis for the adoption of measures on                  (Sixth Chamber) (Council of State, Judicial Division, Sixth
      labelling, contained in Directive 2002/2/EC, where they              Chamber) of 11 November 2003, received at the Court
      refer to the labelling of vegetable feedingstuffs?                   Registry on 15 January 2004, for a preliminary ruling in the
                                                                           case of Ferrari Mangimi srl and Associazione nazionale
                                                                           produttori alimenti zootecnici ASSALZOO against Ministero
2.    In so far as it imposes an obligation to indicate the precise        per le Politiche Agricole e Forestali, Ministero della Salute, and
      feed materials contained in compound feedingstuffs,                  Ministero delle Attività Produttive on the following questions:
      which applies even to vegetable-based feedingstuffs, is
      Directive 2002/2/EC (1) justified on the basis of the
      precautionary principle in the absence of a risk assess-
      ment, based on scientific studies, which requires that               1.    Must Article 152(4)(b) EC be interpreted as being the
      precautionary measure on the basis of a possible corre-                    correct legal basis for the adoption of measures on
      lation between the quantity of feed materials used and                     labelling, contained in Directive 2002/2/EC (1), where
      the risk of the diseases to be prevented? And is that                      they refer to the labelling of vegetable feedingstuffs?
      directive nevertheless justified in the light of the principle
      of proportionality, in so far as the obligations on the part
      of the feedingstuffs industry to disclose information to
      the public authorities, which are required to maintain               2.    In so far as it imposes an obligation to indicate the precise
      business secrecy, and are competent to monitor health                      feed materials contained in compound feedingstuffs,
      protection, are not sufficiently directed to the attainment                which applies even to vegetable-based feedingstuffs, is
      of the public health objectives supposed to be the purpose                 Directive 2002/2/EC justified on the basis of the pre-
      of the measure, instead imposing general rules requiring                   cautionary principle in the absence of a risk assessment,
      the indication of the percentage quantities of feed                        based on scientific studies, which requires that pre-
      materials used on the labels of vegetable-based feeding-                   cautionary measure on the basis of a possible correlation
      stuffs?                                                                    between the quantity of feed materials used and the risk
                                                                                 of the diseases to be prevented? And is that directive
3.    In so far as it fails to respect the principle of pro-                     nevertheless justified in the light of the principle of
      portionality, does Directive 2002/2/EC conflict with the                   proportionality, in so far as the obligations on the part of
      fundamental right of property of the citizens of the                       the feedingstuffs industry to disclose information to
      Member States?                                                             the public authorities, which are required to maintain
                                                                                 business secrecy, and are competent to monitor health
                                                                                 protection, are not sufficiently directed to the attainment
                                                                                 of the public health objectives supposed to be the purpose
(1) OJ L 63 of 6.03.2002, p. 23.                                                 of the measure, instead imposing general rules requiring
                                                                                 the indication of the percentage quantities of feed
                                                                                 materials used on the labels of vegetable-based feeding-
                                                                                 stuffs?