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Document C2004/228/17
Judgment of the Court (First Chamber) of 15 July 2004 in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (Article 28 EC — Directive 98/8/EC — Placing of biocidal products on the market — National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties)
Judgment of the Court (First Chamber) of 15 July 2004 in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (Article 28 EC — Directive 98/8/EC — Placing of biocidal products on the market — National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties)
Judgment of the Court (First Chamber) of 15 July 2004 in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (Article 28 EC — Directive 98/8/EC — Placing of biocidal products on the market — National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties)
OJ C 228, 11.9.2004, p. 9–10
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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11.9.2004 |
EN |
Official Journal of the European Union |
C 228/9 |
JUDGMENT OF THE COURT
(First Chamber)
of 15 July 2004
in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (1)
(Article 28 EC - Directive 98/8/EC - Placing of biocidal products on the market - National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties)
(2004/C 228/17)
Language of the case: Italian
In Case C-443/02: reference to the Court under Article 234 EC from the Tribunale di Pordenone (Italy) for a preliminary ruling in the criminal proceedings before that court against Nicolas Schreiber — on the interpretation of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1), and Article 28 EC — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 15 July 2004, the operative part of which is as follows:
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1. |
Article 3(2)(ii) of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market does not preclude a Member State from requiring prior authorisation for the marketing of blocks of red cedar wood having natural anti-moth properties. Such blocks cannot be classed as a product containing only a ‘basic substance’ such that they may be placed on the market in Italy without prior authorisation or registration, but must be classed as a ‘biocidal product’ within the meaning of Directive 98/8. |
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2. |
Article 4(1) of Directive 98/8 does not preclude a Member State from requiring prior authorisation for the marketing of blocks of red cedar wood having natural anti-moth properties, which have been lawfully placed on the market in another Member State in which there is no requirement of authorisation or registration. |
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3. |
The fact that a Member State requires prior authorisation for the marketing of blocks of red cedar wood having natural anti-moth properties, which have been lawfully placed on the market in another Member State in which there is no requirement of authorisation or registration, constitutes a measure having equivalent effect contrary to Article 28 EC, which may nevertheless be regarded as justified on grounds of the protection of public health under Article 30 EC. |