JUDGMENT OF THE COURT

(First Chamber)

of 13 January 2005

in Case C-145/02 (reference for a preliminary ruling by the Bundesverwaltungsgericht): Land Nordrhein-Westfalen v Denkavit Futtermittel GmbH (1)

(Free movement of goods - Directive 70/524/EEC - Articles 28 EC and 30 EC - Additives - Harmonisation of national provisions relating to the vitamin D content of animal feedingstuffs - Legislation of a Member State prohibiting the importation of animal feedingstuffs which have been lawfully manufactured in another Member State and the vitamin D3 content of which exceeds that authorised in that first State)

(2005/C 57/04)

Language of the case: German

In Case C-145/02: reference to the Court under Article 234 EC from the Bundesverwaltungsgericht (Federal Administrative Court)(Germany), made by decision of 31 January 2002, received at the Court on 18 April 2002, in the proceedings between Land Nordrhein-Westfalen and Denkavit Futtermittel GmbH – the Court (First Chamber), composed of P. Jann, President of the Chamber, A. Rosas (Rapporteur) and S. von Bahr, Judges; A. Tizzano, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 13 January 2005, in which it has ruled:

The combined provisions of Articles 12 and 19 of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs, as amended by Council Directive 84/587/EEC of 29 November 1984, must be interpreted as precluding a measure by which a Member State prohibits the marketing within its territory of a supplementary feedingstuff lawfully manufactured in another Member State in accordance with Article 12(1) of that directive on grounds of its vitamin D level.

(1)  OJ C 144 of 15.06.2002.