CELEX: C2005/296/10
Language: en
Date: 2005-11-26 00:00:00
Title: Judgment of the Court (First Chamber) of  6 October 2005  in Case C-9/04: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in criminal proceedings against Geharo BV (Directive 88/378/EEC — Toys — Directive 91/338/EEC — Maximum cadmium content permitted)

26.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 296/5
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 6 October 2005
   in Case C-9/04: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in criminal proceedings against Geharo BV (1)
   
   (Directive 88/378/EEC - Toys - Directive 91/338/EEC - Maximum cadmium content permitted)
   (2005/C 296/10)
   Language of the case: Dutch
   In Case C-9/04: reference for a preliminary ruling under Article 234 EC from the Hoge Raad der Nederlanden (Netherlands), made by decision of 23 December 2003, received at the Court on 12 January 2004, in criminal proceedings against Geharo BV — the Court (First Chamber) composed of P. Jann, President of the Chamber, K. Lenaerts (Rapporteur), N. Colneric, K. Schiemann and E. Levits, Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 6 October 2005, in which it:
   Declares that, the second sentence of Article 1 of Council Directive 91/338/EEC of 18 June 1991 amending for the 10th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations is to be interpreted as meaning that it does not preclude the prohibition in that Directive of the marketing of products with a cadmium content in excess of an authorised maximum amount from applying to toys covered by Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys.
   
      (1)  OJ C 59, 06.03.2004.