Unione Nazionale Industria Conciaria (UNIC) and Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Uni.co.pel) v FS Retail and Others.

• Jurisdiction: European Union
• Celex Number: 62014CJ0095
• ECLI: ECLI:EU:C:2015:492
• Date: 16 July 2015
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-95/14

JUDGMENT OF THE COURT (Third Chamber)

16 July 2015 (*1 )

‛Reference for a preliminary ruling — Free movement of goods — Articles 34, 35 and 36 TFEU — Measures having equivalent effect — Directive 94/11/EC — Articles 3 and 5 — Exhaustive harmonisation — Bar on impeding the placing on the market of footwear which complies with the labelling requirements of Directive 94/11 — National legislation requiring the country of origin to be shown on the labelling of products manufactured abroad which use the Italian term ‘pelle’ — Products in free circulation’

In Case C‑95/14,

REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunale di Milano (Italy), made by decision of 20 February 2014, received at the Court on 27 February 2014, in the proceedings

Unione Nazionale Industria Conciaria (UNIC),

Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Uni.co.pel)

v

FS Retail,

Luna Srl,

Gatsby Srl,

THE COURT (Third Chamber),

composed of M. Ilešič, President of the Chamber, A. Ó Caoimh, C. Toader (Rapporteur), E. Jarašiūnas and C.G. Fernlund, Judges,

Advocate General: E. Sharpston,

Registrar: L. Carrasco Marco, Administrator,

having regard to the written procedure and further to the hearing on 15 January 2015,

after considering the observations submitted on behalf of:

— Unione Nazionale Industria Conciaria (UNIC), by G. Floridia, A. Tornato, M. Mussi, A. Fratini and G.P. Geminiani, avvocati,

— Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Uni.co.pel), by G. Floridia, A. Tornato, M. Mussi, G. Geminiani and A. Fratini, avvocati,

— FS Retail, by M. Sapio, avvocato,

— Luna Srl, by A. Cattel and M. Concetti, avvocati,

— Gatsby Srl, by A. Terenzi, avvocato,

— the Czech Government, by M. Smolek, acting as Agent,

— the German Government, by T. Henze and J. Möller, acting as Agents,

— the Netherlands Government, by M. Bulterman, B. Koopman and H. Stergiou, acting as Agents,

— the Swedish Government, by A. Falk, C. Meyer-Seitz, U. Persson, N. Otte Widgren and K. Sparrman and by L. Swedenborg, E. Karlsson and F. Sjövall, acting as Agents,

— the European Commission, by G. Gattinara and G. Zavvos, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 23 April 2015,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Articles 34, 35 and 36 TFEU, Articles 3 and 5 of Directive 94/11/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer (OJ 1994 L 100, p. 37) and Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ 2013 L 269, p. 1, ‘the Union Customs Code’).

2 The request has been made in proceedings between Unione Nazionale Industria Conciaria (UNIC), a national trade association and member of the Italian industry confederation which brings together and represents the main operators in the tanning industry, and Unione Nazionale dei Consumatori di Prodotti in Pelle, Materie Concianti, Accessori e Componenti (Uni.co.pel), a non-profit-making consumer association seeking to achieve social solidarity, on the one hand, and FS Retail, Luna Srl and Gatsby Srl, companies incorporated under Italian law, on the other, concerning the marketing in Italy of footwear bearing the generic Italian term ‘pelle’ (leather) or ‘vera pelle’ (genuine leather) on the inner sole, with no indication of the product’s country of origin.

Legal context

EU law

3 Pursuant to Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ 1998 L 204 p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ 1998 L 217, p. 18; ‘Directive 98/34’), Member States must, as a rule, immediately communicate to the European Commission any draft technical regulation which they wish to adopt. They must also provide the Commission with a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft. The Commission must then immediately notify the other Member States of the draft and all the documents which have been forwarded to it. Member States are to communicate the definitive text of a technical regulation to the Commission without delay.

4 Under Article 9 of that directive, the adoption of a draft technical regulation notified under Article 8 is to be postponed for three months from the date of receipt by the Commission of the draft technical regulation. Article 9 provides, inter alia, that the period in question is to be extended to six months if the Commission or another Member State issues a detailed opinion to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market. The standstill period is to be extended to 12 months if, within 3 months of receipt of the draft technical regulation, the Commission announces its intention to propose or adopt legislation on the matter covered by the draft technical regulation.

5 Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1), provided: ‘Goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture.’

6 The Union Customs Code, which entered into force on 31 October 2013, repealed Regulation No 2913/92. However, Article 60 of the Union Customs Code, the content of which is essentially identical to that of Article 24 of Regulation No 2913/92, will apply, under Article 288(2) of that code, only from 1 May 2016.

7 The first, second, third, fifth and seventh recitals in the preamble to Directive 94/11 state: ‘[I]n certain Member States there exist Regulations on footwear labelling which are designed to protect and inform the public as well as to secure the legitimate interests of industry; [T]he disparity of such Regulations risks creating barriers to trade within the Community, thereby prejudicing the functioning of the internal market; [I]n order to avoid problems due to different systems, the items of a common labelling system for footwear should be precisely defined; … [I]t is in the interests of both consumers and the footwear industry to introduce a system reducing the risk of fraud by indicating the exact nature of the materials used in the main components of footwear; … [T]he harmonisation of national legislation is the appropriate way of removing these barriers to free trade; … that objective cannot be satisfactorily achieved by the individual Member States; … this Directive establishes only those requirements which are indispensable for the free movement of the products to which it applies, …’

8 Article 1(1) of Directive 94/11 states: ‘For the purposes of this Directive, “footwear” shall mean all articles with applied soles designed to protect or cover the foot, including parts marketed separately as referred to in Annex I.’

9 Article 2 of Directive 94/11 provides: ‘1. Member States shall take all necessary measures to ensure that all footwear placed on the market meets the labelling requirements of this Directive without prejudice to other relevant Community provisions. 2. Where footwear not in conformity with the provisions regarding labelling requirements is placed on the market, the competent Member State shall take appropriate action as specified in its national legislation.’

10 Article 3 of Directive 94/11 is worded as follows: ‘Without prejudice to other relevant Community provisions, Member States shall not prohibit or impede the placing on the market of footwear which complies with the labelling requirements of this Directive, by the application of unharmonised national provisions governing the labelling of certain types of footwear or of footwear in general.’

11 Article 4 of Directive 94/11 provides: ‘1. The labelling shall provide information on the material, determined in accordance with Annex I, which constitutes at least 80% of the surface area of the upper, and the lining and sock, of the footwear, and at least 80% of the volume of the outersole. If no one material accounts for at least 80%, information should be given on the two main materials used in the composition of the footwear. 2. The information shall be conveyed on the footwear. The manufacturer or his authorised agent established in the Community may choose either pictograms or written indications in at least the language or languages which may be determined by the Member State of consumption in accordance with the Treaty, as defined and illustrated in Annex I. Member States, in their national provisions shall ensure that consumers are adequately informed of the meaning of these pictograms, while ensuring that such provisions do not...