CELEX: C2004/007/13
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-294/01 (Reference for a preliminary ruling from the Tribunale civile di Bologna): Granarolo SpA v Comune di Bologna (Agriculture — Health rules for the production and placing on the market of heat-treated milk — Free movement of goods — National law imposing a use-by date for high-temperature pasteurised milk)

10.1.2004               EN                           Official Journal of the European Union                                                  C 7/9
                 JUDGMENT OF THE COURT                                       milk, heat-treated milk and milk-based products, as amended by
                                                                             Council Directive 94/71/EC of 13 December 1994, and Articles 28
                                                                             EC And 30 EC preclude national legislation such as that at issue in
                                                                             the main proceedings, which requires a use-by date of four days after
                          (Fifth Chamber)                                    preparation for high-temperature pasteurised milk.
                      of 13 November 2003                                    (1) OJ C 275 of 29.9.2001.
in Case C-294/01 (Reference for a preliminary ruling from
the Tribunale civile di Bologna): Granarolo SpA v Comune
                            di Bologna (1)
(Agriculture — Health rules for the production and placing
on the market of heat-treated milk — Free movement of                                         JUDGMENT OF THE COURT
goods — National law imposing a use-by date for high-
                  temperature pasteurised milk)
                                                                                                      (Sixth Chamber)
                           (2004/C 7/13)                                                           of 20 November 2003
                    (Language of the case: Italian)                          in Case C-296/01: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
(Provisional translation; the definitive translation will be published       (Failure of a Member State to fulfil obligations — Failure to
                   in the European Court Reports)                            transpose Directive 90/220/EEC — Genetically modified
                                                                                                          organisms)
                                                                                                        (2004/C 7/14)
In Case C-294/01: Reference to the Court under Article 234
EC by the Tribunale civile di Bologna (Italy) for a preliminary                                  (Language of the case: French)
ruling in the proceedings pending before that court between
Granarolo SpA and Comune di Bologna, on the interpretation
of Council Directive 92/46/EEC of 16 June 1992 laying down                   (Provisional translation; the definitive translation will be published
the health rules for the production and placing on the market                                   in the European Court Reports)
of raw milk, heat-treated milk and milk-based products (OJ
1992 L 268, p. 1), as amended by Council Directive 94/71/EC
of 13 December 1994 (OJ 1994 L 368, p. 33), of Council
Directive 79/112/EEC of 18 December 1978 on the approxi-
mation of the laws of the Member States relating to the                      In Case C-296/01, Commission of the European Communities
labelling, presentation and advertising of foodstuffs (OJ 1979               (Agent: G. zur Hausen, assisted by M. van der Woude and V.
L 33, p. 1), as amended by Directive 97/4/EC of the European                 Landes) v French Republic (Agents: G. de Bergues and R.
Parliament and of the Council of 27 January 1997 (OJ 1997                    Loosli-Surrans): Application for a declaration that, by failing
L 43, p. 21), and of Council Directive 89/396/EEC of 14 June                 to transpose correctly and fully Articles 5(1) to (4), 6(2) and
1989 on indications or marks identifying the lot to which a                  (5), 9(3), 11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3)
foodstuff belongs (OJ 1989 L 186, p. 21), the Court (Fifth                   and (4) of Council Directive 90/220/EEC of 23 April 1990 on
Chamber), composed of: C.W.A. Timmermans, President of                       the deliberate release into the environment of genetically
the Fourth Chamber, acting as President of the Fifth Chamber,                modified organisms (OJ 1990 L 117, p. 15), as amended by
P. Jann and S. von Bahr (Rapporteur), Judges; P. Léger,                      Commission Directive 97/35/EC of 18 June 1997 adapting to
Advocate General; M.-F. Contet, Principal Administrator, for                 technical progress for the second time Directive 90/220 (OJ
the Registrar, has given a judgment on 13 November 2003, in                  1997 L 169, p. 72), the French Republic has failed to fulfil its
which it has ruled:                                                          obligations under that directive and Article 249 EC, the Court
                                                                             (Sixth Chamber), composed of: J.-P. Puissochet, President of
                                                                             the Chamber, R. Schintgen, V. Skouris, N. Colneric (Rappor-
                                                                             teur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
Council Directive 92/46/EEC of 16 June 1992 laying down the                  General; R. Grass, Registrar, has given a judgment on 20 Nov-
health rules for the production and placing on the market of raw             ember 2003, in which it: