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Document C2006/108/13

Case C-126/06: Reference for a preliminary ruling from the Diikitiko Protodikio Tripoleos lodged on 3 March 2006 , Carrefour — Marinopoulos v Nomarkhiaki Aftodiikisi Tripoleos

SL C 108, 6.5.2006, p. 8–8 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

6.5.2006   

EN

Official Journal of the European Union

C 108/8

Reference for a preliminary ruling from the Diikitiko Protodikio Tripoleos lodged on 3 March 2006, Carrefour — Marinopoulos v Nomarkhiaki Aftodiikisi Tripoleos

(Case C-126/06)

(2006/C 108/13)

Language of the case: Greek

Referring court

Diikitiko Protodikio Tripoleos

Date lodged: 3 March 2006

Parties to the main proceedings

Applicant: Carrefour — Marinopoulos AE

Defendant: Nomarkhiaki Aftodiikisi Tripoleos

Questions referred

(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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