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CJEU - C-134/15 / Opinion

Lidl GmbH & Co. KG v Freistaat Sachsen

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Commission Regulation (EC) No 543/2008 — Marketing standards for poultry meat — Validity of Article 5(4)(b) — Fresh pre-packaged poultrymeat — Obligation to indicate the total price and the price per weight unit on the pre-packaging or on a label attached thereto at the retail stage — Articles 15(1) and 16 of the Charter of Fundamental Rights — Freedom to pursue a freely chosen occupation — Freedom to conduct a business — Proportionality — Article 40(2) TFEU — Non-discrimination

Results (sanctions) and key consequences of the case:

  1. In the light of the foregoing considerations, I propose to the Court that it answers the questions referred to it by the Sächsisches Oberverwaltungsgericht (Higher Administrative Court of Saxony) as follows:

    (1) Consideration of the first question referred has disclosed no factor such as to affect the validity of Article 5(4)(b) of Commission Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat, in the light of Article 16 of the Charter of Fundamental Rights of the European Union.

    (2) Article 5(4)(b) of Regulation No 543/2008 is invalid, inasmuch as it introduces discrimination amongst different types of poultrymeat in violation of Article 40(2) TFEU.