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Document 62001CJ0294
Judgment of the Court (Fifth Chamber) of 13 November 2003.#Granarolo SpA v Comune di Bologna.#Reference for a preliminary ruling: Tribunale civile di Bologna - Italy.#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.#Case C-294/01.
Judgment of the Court (Fifth Chamber) of 13 November 2003.
Granarolo SpA v Comune di Bologna.
Reference for a preliminary ruling: Tribunale civile di Bologna - Italy.
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.
Case C-294/01.
Judgment of the Court (Fifth Chamber) of 13 November 2003.
Granarolo SpA v Comune di Bologna.
Reference for a preliminary ruling: Tribunale civile di Bologna - Italy.
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.
Case C-294/01.
European Court Reports 2003 I-13429
ECLI identifier: ECLI:EU:C:2003:611
«(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)»
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(Arts 28 EC and 30 EC; Council Directive 92/46)
JUDGMENT OF THE COURT (Fifth Chamber)
13 November 2003 (1)
((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))
In Case C-294/01,
REFERENCE to the Court under Article 234 EC by the Tribunale civile di Bologna (Italy) for a preliminary ruling in the proceedings pending before that court between Granarolo SpAand
Comune di Bologna, on the interpretation of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market 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 approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ 1979 L 33, p. 1), as amended by Directive 97/4/EC of the European Parliament and of the Council of 27 January 1997 (OJ 1997 L 43, p. 21), and of Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (OJ 1989 L 186, p. 21),THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Granarolo SpA, represented by G. Forte and C. Marinuzzi, avvocatessa, of the Italian Government, represented by M. Fiorilli, of the German Government, represented by W.-D. Plessing, acting as Agent, and of the Commission, represented by C. Cattabriga, at the hearing on 26 September 2002,
after hearing the Opinion of the Advocate General at the sitting on 6 March 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the question referred to it by the Tribunale civile di Bologna by order of 24 May 2001, hereby rules:
Timmermans |
Jann |
von Bahr |
R. Grass |
V. Skouris |
Registrar |
President |