Request for a preliminary ruling from the Corte d’appello di Venezia (Italy) lodged on 21 May 2021 – Agecontrol SpA v ZR, Lidl Italia Srl

(Case C-319/21)

Language of the case: Italian

Referring court

Corte d’appello di Venezia

Parties to the main proceedings

Appellant: Agecontrol SpA

Respondents: ZR, Lidl Italia Srl

Question referred

Must Article 5(4) of Commission Implementing Regulation (EU) No 543/2011, 1 read in conjunction with Article 5(1) and Article 8 of that regulation and with Articles 113 and 113a of Council Regulation (EU) No 1234/2007 2 of 22 October 2007, be interpreted as meaning that an accompanying document must be issued indicating the name and the country of origin of fresh fruit and vegetables shipped pre-packed or in the original packaging provided by the producer, during transport from a seller company’s distribution platform to a point of sale of the same company, irrespective of the fact that one side of the packaging features the information particulars required by Chapter I [of Title II] of Regulation (EU) No 543/2011 (including the name and country of origin of the goods) indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it, and irrespective of the fact that this information is also shown on the invoices issued by the supplier from which the goods were purchased by the seller company kept in that company’s accounting offices and on a notice placed in an obvious position inside the means of transport in which the goods are being conveyed?

____________

1     Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ 2011 L 157, p. 1).

2     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) (OJ 2007 L 299, p. 1).