Schreiber (Approximation of laws)) [2004] EUECJ C-443/02 (15 July 2004)

Schreiber (Approximation of laws)) [2004] EUECJ C-443/02 (15 July 2004)

Blocks of red cedar wood having natural anti-moth properties cannot be classified as products containing only a basic substance or as low-risk biocidal products under Directive 98/8/EC, as the relevant annexes did not include cedar oil. They must be classified as biocidal products, and Member States may require prior authorisation for their marketing. Such authorisation requirements constitute a restriction under Article 28 EC but are justified under Article 30 EC for public health protection.

Citation
[2004] EUECJ C-443/02
Parties
Defendant: Mr Schreiber; Defendant Company: LIDL-ITALIA Srl; Prosecution: Italian authorities
Jurisdiction
European Union
Judgment Date
15 July 2004
Procedural Posture
Criminal Proceedings / Preliminary Reference to the Court of Justice of the European Union
Outcome
Preliminary ruling issued; national court to apply findings.
Legal Topics
Interpretation of Directive 98/8/ec, Free Movement of Goods, Prior Authorisation for Biocidal Products, Public Health Justification
European Union Law Criminal Law Regulatory Law Interpretation of Directive 98/8/ec Free Movement of Goods Prior Authorisation for Biocidal Products Public Health Justification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Mr Schreiber

Defendant

LIDL-ITALIA Srl

Defendant Company

Italian authorities

Prosecution

Procedural Posture

Criminal Proceedings / Preliminary Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Classification of red cedar wood blocks as biocidal products under Directive 98/8/EC
  2. 2 Requirement of prior authorisation for marketing biocidal products
  3. 3 Recognition of authorisation/registration between Member States

Ratio Decidendi

Blocks of red cedar wood having natural anti-moth properties cannot be classified as products containing only a basic substance or as low-risk biocidal products under Directive 98/8/EC, as the relevant annexes did not include cedar oil. They must be classified as biocidal products, and Member States may require prior authorisation for their marketing. Such authorisation requirements constitute a restriction under Article 28 EC but are justified under Article 30 EC for public health protection.

Court Disposition

Preliminary ruling issued; national court to apply findings.

Orders

  • Article 3(2)(ii) of Directive 98/8/EC does not preclude Member States from requiring prior authorisation for marketing blocks of red cedar wood with anti-moth properties.
  • Such blocks must be classified as biocidal products under Directive 98/8/EC.