Judgment of the Court (First Chamber) of 18 October 2012 - European Commission v Czech Republic
(Case C-37/11)
(Failure of a Member State to fulfil obligations - Admissibility - Regulation No 1234/2007 - Article 115 - Annex XV - Point I(2) - Appendix to Annex XV - Part A - Sales designations 'butter' and 'dairy spread' - Sales designation 'pomazánkové máslo' (butter spread) - List of derogations)
Language of the case: Czech
Parties
Applicant: European Commission (represented by: Z. Malůšková and H. Tserepa-Lacombe, acting as Agents)
Defendant: Czech Republic (represented by: M. Smolek, T. Müller and J. Očková, acting as Agents)
Re:
Failure of a Member State to fulfil obligations - Infringement of Article 115 of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ 2007 L 299, p. 1), in conjunction with point I(2) of Annex XV to that regulation and part A of the appendix to that annex - Legislation of a Member State authorising the marketing of a product corresponding to the sales designation "dairy spread" under the sales designation "pomazánkové máslo" (butter spread)
Operative part of the judgment
The Court:
Declares that, by authorising pomazánkové máslo (butter spread) to be sold under the designation 'máslo' (butter) even though that product has a milk fat content of less than 80% and water and dry non-fat milk-material contents of more than 16% and 2% respectively, the Czech Republic has failed to fulfil its obligations under Article 115 of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) in conjunction with the first and second subparagraphs of point I(2) of Annex XV to that regulation and points 1 and 4 of part A of the appendix to that annex;
Orders the Czech Republic to pay the costs.
____________1 - OJ C 80, 12.3.2011.