Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Cour d’appel d’Aix-en-Provence – France) – Criminal proceedings against BS, CA
(Case C-663/18) 1
(Reference for a preliminary ruling – Free movement of goods – Common organisation of the markets in the flax and hemp sector – Exceptions – Protection of public health – National legislation limiting the industrialisation and marketing of hemp solely to fibre and seeds – Cannabidiol (CBD))
Language of the case: French
Referring court
Cour d’appel d’Aix-en-Provence
Parties in the main criminal proceedings
BS, CA
Intervening parties: Ministère public, Conseil national de l’ordre des pharmaciens
Operative part of the judgment
Articles 34 and 36 TFEU must be interpreted as precluding national legislation which prohibits the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose. Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 and Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 must be interpreted as not applying to such legislation.
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1 OJ C 4, 7.1.2019.