CELEX: C2005/217/31
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (First Chamber) of 14 July 2005 in Case C-107/04: Reference for a preliminary ruling from the Tribunal Supremo in Comité Andaluz de Agricultura Ecológica v Administración General del Estado, Comité Aragonés de Agricultura Ecológica (Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs — National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/16
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 14 July 2005
   in Case C-107/04: Reference for a preliminary ruling from the Tribunal Supremo in Comité Andaluz de Agricultura Ecológica v Administración General del Estado, Comité Aragonés de Agricultura Ecológica (1)
   
   (Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs - National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced)
   (2005/C 217/31)
   Language of the case: Spanish
   In Case C-107/04: reference for a preliminary ruling under Article 234 EC from the Tribunal Supremo (Spain), made by decision of 1 December 2003, received at the Court on 1 March 2004, in the proceedings between Comité Andaluz de Agricultura Ecológica and Administración General del Estado, Comité Aragonés de Agricultura Ecológica — the Court (First Chamber), composed of P. Jann (Rapporteur), President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues, M. Ilešič and E. Levits, Judges; J. Kokott, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 14 July 2005, in which it ruled:
   
               1.
            
            
               Article 2 of Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended to include livestock production by Council Regulation (EC) No 1804/1999 of 19 July 1999 was to be interpreted as not precluding products which were not organically produced from bearing, in Spain, the indication ‘biológico’ or its derivative ‘bio’ in the labelling, advertising material and commercial documents;
            
         
               2.
            
            
               That same Article 2, as amended by Council Regulation (EC) No 392/2004 of 24 February 2004, must be interpreted as precluding from now on such products from bearing, in Spain, the indication ‘biológico’ or its derivative ‘bio’ in the labelling, advertising material and commercial documents.
            
         
      (1)  OJ C 94 of 17.04.2004.