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15.8.2008 |
EN |
Official Journal of the European Union |
C 209/22 |
Reference for a preliminary ruling from the Panevėžio apygardos teismas lodged on 20 May 2008 — Criminal proceedings against Edgar Babanov
(Case C-207/08)
(2008/C 209/31)
Language of the case: Lithuanian
Referring court
Panevėžio apygardos teismas
Party to the main proceedings
Edgar Babanov
Questions referred
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1. |
Is Article 265 of the Criminal Code of the Republic of Lithuania, in so far as it imposes criminal liability unconditionally for the cultivation of any type of hemp without exception, irrespective of the amount of active substance in it, contrary to provisions of the European Union and, specifically, which ones? |
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2. |
If it is contrary to those provisions, may a court of the Republic of Lithuania adopt a decision applying national law (Article 265 of the Criminal Code), if the active substance in the hemp cultivated does not exceed 0,2 %? |