CELEX: C1996/095/12
Language: en
Date: 1996-03-30 00:00:00
Title: Reference for a preliminary ruling from Länsrätten i Jönköpings Län by order of that court of 26 January 1996 in the case of Danisco Sugar AB v. Allmänna Ombudet (Case C-27/96)

No C 95/8                 EN                    Official Journal of the European Communities                                             30 . 3 . 96
      medicinal products, the French Republic has failed to                Reference for a preliminary ruling by the High Court of
      fulfil its obligations under the Treaty,                             Justice in Northern Ireland, Queen's Bench Division
                                                                           ( Crown Side ), by order of that court of 29 November 1995 ,
                                                                           in the case of Norbrook Laboratories Ltd against Ministry
— order the French Republic to pay the costs .
                                                                                          of Agriculture, Fisheries and Food
                                                                                                        ( Case C-29/96 )
The pleas in law and main arguments are analogous with
those of Case C-18/96 ( 3 ).                                                                              ( 96/C 95/ 13 )
(') OJ No L 270, 26 . 9 . 1991 , p . 32,
                                                                           Reference has been made to the Court of Justice of the
( 2 ) OJ No L 147, 9 . 6 . 1975 , p . 1 .                                  European Communities by an order of the High Court of
(-') OJ No C 77, 16 . 3 . 1996 , p . 8 .                                   Justice in Northern Ireland, Queen's Bench Division
                                                                           ( Crown Side ) of 29 November 1995 , which was received at
                                                                           the Court Registry on 5 February 1996 , for a preliminary
                                                                           ruling in the case of Norbrook Laboratories Ltd against
                                                                           Ministry of Agriculture, Fisheries and Food, on the
                                                                           following questions :
                                                                           1 . Are Council Directives 81 /851 /EEC of 28 September
                                                                               1981 on the approximation of the laws of the Member
Reference for a preliminary ruling from Lansratten i                           States relating to veterinary medicinal products ( ! )
Jonkopings Lan by order of that court of 26 January 1996 in                    and 81 /852/EEC of 28 September 1981 on the
     the case of Danisco Sugar AB v. Allmanna Ombudet                          approximation of the laws of the Member States relating
                            ( Case C-27/96 )                                   to analytical, pharmaco-toxicological and clinical
                              ( 96/C 95/ 12 )
                                                                               standards and protocols in respect of the testing of
                                                                               veterinary medicinal products ( 2 ) ( and in particular
                                                                               Articles 5 , 8 , 9 , 1 1 , 14 , 29-31 , 35 , 40 and 41 of Directive
                                                                               81 /851 /EEC and Part 1 of the Annex to Directive
Reference has been made to the Court of Justice of the
                                                                               81 /852/EEC in the form in which they existed prior
European Communities by an order of Lansratten i                               to any amendment) to be interpreted as permitting
Jonkopings Lan (Jonkoping County Administrative Court)                         the competent authority of a Member State, in
of 26 January 1996 , which was received at the Court                           circumstances such as those hereinbefore described :
Registry on 30 January 1996, for a preliminary ruling in the
case of Danisco Sugar AB v. Allmanna Ombudet ( Public
Attorney ) on the following questions :                                        ( a ) to require an applicant for a marketing
                                                                                      authorization in respect of a veterinary medicinal
                                                                                      product ('the Product') to identify or to arrange to
1 . on a true construction of the Act of Accession of                                 be identified to the competent authority the names
       Sweden,     Finland       and     Austria ('),   in  particular                and addresses of any and all manufacturers of the
      Articles 137 ( 2 ), 145 ( 2 ) and 149 ( 1 ), are decisions taken                substance which the applicant intends to purchase
       at national level concerning levies on normal                                  for use as one of the active ingredients ('the Active
      transitional stocks of sugar as set out in the Swedish                          Ingredient') in the manufacture by the applicant
       Sugar Law, as amended, to be regarded as unlawful                              of the Product, and to supply or arrange to be
       transitional measures ?
                                                                                      supplied to the competent authority details of
                                                                                      the site(s ) where the Active Ingredient would be
      If not :                                                                        manufactured and of the manufacturing processes
                                                                                      and control testing procedures used by the
                                                                                      manufacturer of the Active Ingredient;
2 . on a true construction of the European Community
      organization of the market in sugar, in particular                       ( b ) to require the applicant ( whether by specific licence
      Articles 39 and 40 of the EC Treaty, Council Regulation
                                                                                      conditions or by withholding grant of a marketing
       ( EEC ) No 1785/81 (2 ) and Commission Regulation ( EC )                       authorization or otherwise ) either to comply with
      No 3300/94 ( 3 ), are decisions taken at national level
                                                                                      the above requirements or to market the Product
      concerning levies on normal transitional stocks of sugar                        only using supplies of the Active Ingredient
      as set out in the Swedish Sugar Law, as amended, to be                          purchased from specified third parties;
      regarded as unlawful interference in the organization of
      the market ?
                                                                               ( c ) to suspend the time limits for a grant of a marketing
                                                                                      authorization laid down by Article 8 of Directive
( ] ) OJ No C 241 , 29 . 8 . 1994 .                                                   81 /851 /EEC until the applicant has agreed to
( 2 ) OJ No L 177 , 1 . 7 . 1981 , p . 4 .                                            supply the information referred to in ( a ) above ?
( 3 ) OJ No L 341 , 30 . 12 . 1994, p . 39 .
                                                                           2 . Would it be material to the answers to questions 1 ( a ) to
                                                                               ( c ) above if it were not reasonably possible for an
                                                                               applicant to obtain any of the information referred to in