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Document 62009CN0541

Case C-541/09: Reference for a preliminary ruling from the Giudice di Pace di Varese (Italy) lodged on 17 December 2009 — Mohammed Mohiuddin Siddiquee v Azienda Sanitaria Locale Provincia di Varese

OJ C 63, 13.3.2010, p. 30–31 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

13.3.2010   

EN

Official Journal of the European Union

C 63/30

Reference for a preliminary ruling from the Giudice di Pace di Varese (Italy) lodged on 17 December 2009 — Mohammed Mohiuddin Siddiquee v Azienda Sanitaria Locale Provincia di Varese

(Case C-541/09)

2010/C 63/49

Language of the case: Italian

Referring court

Giudice di Pace di Varese

Parties to the main proceedings

Applicant: Mohammed Mohiuddin Siddiquee

Defendant: Azienda Sanitaria Locale Provincia di Varese

Questions referred

1.

Does Article 4 of Community Regulation No 882/2004, (1) in conjunction with Article 6 thereof, establish an individual right for citizens to be subject to controls on foodstuffs and beverages only by staff who fulfil the requirements laid down in that regulation, and may such a right be relied on in legal proceedings and used as a defence to enforcement action by the Member States?

2.

If not, is Directive 2000/13/EC, (2) in the context of the Community rules governing the labelling of foodstuffs and beverages, based on considerations of health?

3.

Is it contrary to Directive 76/768/EEC (3) as subsequently amended, or to other relevant Community rules for a Member State to differentiate between the liability of the various operators in the industry, excluding the trader from liability by the very nature of his activity as a trader?

4.

If not, must Article 6 of Directive 76/768/EEC as amended be interpreted as giving rise to the joint and several liability of the cosmetics manufacturer and the mere trader who takes no part in the manufacture, packaging or labelling of the cosmetic?

(1)  OJ 2004 L 165, p. 1.

(2)  OJ 2000 L 109, p. 29.

(3)  OJ 1976 L 262, p. 169.

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