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Document C2004/106/84

Case C-159/04: Referencefor a preliminary ruling by the Diikitiko Protodikio Ioanninon by decisionof that court of 26 November 2003 in the caseof Carrefour Marinopoulos AE against (1) Elliniko Dimosio and (2) NomarkhiakiAftodiikisi Ioanninon

OB C 106, 30.4.2004, p. 48–48 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

30.4.2004   

EN

Official Journal of the European Union

C 106/48

Reference for a preliminary ruling by the Diikitiko Protodikio Ioanninon by decision of that court of 26 November 2003 in the case of Carrefour Marinopoulos AE against (1) Elliniko Dimosio and (2) Nomarkhiaki Aftodiikisi Ioanninon

(Case C-159/04)

(2004/C 106/84)

Reference has been made to the Court of Justice of the European Communities by decision of the Diikitiko Protodikio Ioanninon (Administrative Court of First Instance, Ioannina) of 26 November 2003, received at the Court Registry on 29 March 2004, for a preliminary ruling in the case of Carrefour Marinopoulos AE against (1) Elliniko Dimosio (Greek State) and (2) Nomarkhiaki Aftodiikisi Ioanninon (Prefectural Authority of Ioannina) on the following questions:

(a)

Does the requirement for the prior licence referred to in the grounds of the decision in order to market ‘bake-off’ products constitute a measure equivalent to a quantitative restriction within the meaning of Article 28 of the EC Treaty?

(b)

If it were considered to be a quantitative restriction, does the requirement for a prior licence in order to make bread pursue a purely qualitative objective, that is to say establish a mere qualitative differentiation with regard to the characteristics of the bread marketed (of smell, taste, colour and the appearance of the crust) and its nutritional value (judgment of the Court of Justice in Case C-325/00 Commission v Germany [2002] ECR I-9977) or does it seek to protect consumers and public health from any deterioration in the bread's quality (Simvoulio tis Epikratias (Council of State) 3852/2002)?

(c)

On the basis that the abovementioned restriction concerns both domestic and Community ‘bake-off’ products without distinction, is there a link with Community law and is that restriction capable of affecting, whether directly or indirectly, actually or potentially, the free trading of those products between Member States?
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