Criminal proceedings against Ulderico Cacchiarelli and Gino Stanghellini. (Agriculture) [1995] EUECJ C-54/94 (23 February 1995)

Criminal proceedings against Ulderico Cacchiarelli and Gino Stanghellini. (Agriculture) [1995] EUECJ C-54/94 (23 February 1995)

Directive 90/642/EEC does not apply to Chlorpropham and Propham residues on potatoes as these substances were not included in the relevant annex at the material time; therefore, national legislation may set maximum permissible levels and checking procedures, provided it complies with Articles 30 and 36 of the EC...

Source-derived case information.

Citation
[1995] EUECJ C-54/94
Parties
Referring Court: Investigating judge of the Pretura Circondariale, Macerata; Accused: Two Italian nationals
Jurisdiction
European Union
Judgment Date
23 February 1995
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling Under Article 177 EEC Treaty
Outcome
Preliminary ruling issued; Directive 90/642/EEC does not preclude national legislation as described.
Legal Topics
Pesticide Residues, Directive Interpretation, National Implementation of EU Law, Food Safety Compliance
European Union Law Criminal Law Food Safety Law Pesticide Residues Directive Interpretation National Implementation of EU Law Food Safety Compliance

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Parties

Investigating judge of the Pretura Circondariale, Macerata

Referring Court

Two Italian nationals

Accused

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling Under Article 177 EEC Treaty

Legal Issues

  1. 1 Does Council Directive 90/642/EEC apply to Chlorpropham and Propham residues on potatoes?
  2. 2 Does Directive 90/642/EEC preclude national legislation from setting maximum permissible levels for such residues and establishing checking procedures?

Ratio Decidendi

Directive 90/642/EEC does not apply to Chlorpropham and Propham residues on potatoes as these substances were not included in the relevant annex at the material time; therefore, national legislation may set maximum permissible levels and checking procedures, provided it complies with Articles 30 and 36 of the EC Treaty.

Court Disposition

Preliminary ruling issued; Directive 90/642/EEC does not preclude national legislation as described.

Orders

  • Directive 90/642/EEC does not preclude national legislation from setting maximum permissible levels for residues of Chlorpropham and Propham on potatoes and providing for procedures for checking compliance with those levels, subject to Articles 30 and 36 of the EC Treaty.