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Case C-169/17: Judgment of the Court (First Chamber) of 14 June 2018 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Asociación Nacional de Productores de Ganado Porcino v Administración del Estado (Reference for a preliminary ruling — Articles 34 and 35 TFEU — Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Protection of pigs — Products processed or marketed in Spain — Quality standards for meat, ham, shoulder ham and loin derived from Iberian pigs — Conditions for using the ‘de cebo’ designation — Improvement of the quality of products — Directive 2008/120/EC — Scope)
ECLI:EU:UNKNOWN:62017CA0169
62017CA0169
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(Case C-169/17) (*1)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Asociación Nacional de Productores de Ganado Porcino
Defendant: Administración del Estado
Operative part of the judgment
Articles 34 and 35 TFEU must be interpreted as follows:
1.Article 34 TFEU does not preclude national legislation, such as that at issue in the main proceedings, which provides that the sales designation ‘ibérico de cebo’ may be granted only to products that comply with certain conditions imposed by that legislation, since that legislation permits the importation and marketing of products from Member States other than the State that adopted the legislation at issue, under the designations they bear pursuant to the rules of the Member State of origin, even if they are similar, comparable or identical to the designations provided for in the national legislation at issue in the main proceedings.
Article 35 TFEU does not preclude national legislation such as that at issue in the main proceedings.
2.Article 3(1)(a) of Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs, read in conjunction with Article 12 of that directive, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, providing that the use of certain sales designations for Iberian pig products processed or marketed in Spain is subject to producers complying with conditions for the rearing of Iberian pigs that are more stringent than those laid down in Article 3(1)(a) as well as a condition imposing a minimum slaughter age of 10 months.
* Language of the case: Spanish.
(1) OJ C 195, 19.6.2017.