CELEX: C2005/281/08
Language: en
Date: 2005-11-12 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 8 September 2005 in Case C-303/04 (reference for a preliminary ruling from the Tribunale di Voghera): Lidl Italia Srl v Comune di Stradella (Technical standards and regulations — Directive 98/34/EC — Concept of ‘technical regulation’ — Non-biodegradable cotton buds)

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/4
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 8 September 2005
   in Case C-303/04 (reference for a preliminary ruling from the Tribunale di Voghera): Lidl Italia Srl v Comune di Stradella (1)
   
   (Technical standards and regulations - Directive 98/34/EC - Concept of ‘technical regulation’ - Non-biodegradable cotton buds)
   (2005/C 281/08)
   Language of the case: Italian
   In Case C-303/04: reference for a preliminary ruling under Article 234 EC from the Tribunale di Voghera (District Court of Voghera) (Italy), made by decision of 1 July 2004, received at the Court on 16 July 2004, in the proceedings between Lidl Italia Srl and Comune di Stradella — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, C. Gulmann (Rapporteur) and J. Klučka, Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, the operative part of which is as follows:
   
               1.
            
            
               Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that a national legislative provision such as Article 19 of Law No 93 of 23 March 2001 on the environment constitutes a technical regulation to the extent to which it includes a prohibition on the marketing of cotton buds which are not manufactured from biodegradable materials in accordance with a national standard.
            
         
               2.
            
            
               The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that a national provision which constitutes a technical regulation, such as Article 19 of Law No 93 of 23 March 2001, must be notified to the Commission of the European Communities prior to its adoption.
            
         
               3.
            
            
               The first subparagraph of Article 8(1) of Directive 98/34, as amended by Directive 98/48, must be interpreted as meaning that the national courts may refuse to apply a national legal provision constituting a technical regulation, such as Article 19 of Law No 93/2001 of 23 March 2001, if it has not been notified to the Commission of the European Communities prior to its adoption.
            
         
      (1)  OJ C 228 of 11.09.2004.