10.7.2004   

EN

Official Journal of the European Union

C 179/4

Reference for a preliminary ruling by the Rechtbank 's-Gravenhage by order of 22 April 2004 in the case of Nederlandse Vereniging Diervoederindustrie Nevedi v Produktschap Diervoeder

(Case C-194/04)

(2004/C 179/07)

Reference has been made to the Court of Justice of the European Communities by order of 22 April 2004 of the Rechtbank 's-Gravenhage (Local Court, The Hague), which was received at the Court Registry on 27 April 2004, for a preliminary ruling in the case of Nederlandse Vereniging Diervoederindustrie Nevedi v Produktschap Diervoeder on the following questions:

1.

Are Article 1(1)(b) of Directive 2002/2 (1) and/or Article 1(4) of Directive 2002/2, to the extent to which it amends Article 5c(2)(a) of Directive 79/373 by requiring percentages to be listed, invalid by reason of:

(a)

the absence of a legal basis in Article 152(4)(b) EC;

(b)

infringement of fundamental rights, such as the right to property and the right freely to exercise a trade or profession;

(c)

infringement of the principle of proportionality?

2.

If the conditions are satisfied under which a national court of a Member State is entitled to suspend implementation of a contested measure of the Community institutions, in particular also the condition that the question concerning the validity of the contested measure has already been referred by a national court of that Member State to the Court of Justice, are the competent public authorities of the other Member States themselves also entitled, without judicial intervention, to suspend the contested measure until such time as the Court of Justice has given a ruling on the validity of that measure?

(1)  OJ L 63 of 6 March 2002, pp. 23 to 25.