Reference for a preliminary ruling from the Conseil d'État (France), Judicial Section, by a judgment of that court of 4 February 2004 in the case of De Groot en Slot Allium B.V. and Bejo Zaden B.V. against the Minister for Economy, Finance and Industry and the Minister for Agriculture, Food, Fisheries and Rural Affairs – intervener: Comité économique agricole régional fruits et légumes de la région Bretagne (CERAFEL)

(Case C-147/04)

(2004/C 106/76)

Reference has been made to the Court of Justice of the European Communities by judgment of the Conseil d'Etat (France), Judicial Section, of 4 February 2004, received at the Court Registry on 22 March 2004, for a preliminary ruling in the case of De Groot en Slot Allium B.V. and Bejo Zaden B.V. v Minister for Economy, Finance and Industry and Minister for Agriculture, Food, Fisheries and Rural Affairs – intervener: Comité économique agricole regional fruits et legumes de la region Bretagne (CERAFEL) – on the following question:

Must the provisions of Directive 70/458 (1) in conjunction with those of Directive 92/33 (2) be interpreted in such a way that it is possible to include in the common catalogue of varieties only varieties of shallots which reproduce without seeds, by vegetative propagation, and, accordingly, could the varieties ‘Matador’ and ‘Ambition’ lawfully be included in the common catalogue in the entry dealing with shallots?

(1)  Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (OJ English Special Edition 1970 (III), p. 674).

(2)  Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (OJ L 157 of 10.06.1992, p. 1).