19.4.2022

Official Journal of the European Union

C 165/32

(Case C-86/22)

(2022/C 165/41)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Papier Mettler Italia S.r.l.

Defendants: Ministero della Transizione Ecologica (formerly the Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico

Questions referred

1.Do Article 114(5) and (6) TFEU, Article 16(1) of Directive 94/62/EC (1) and Article 8 of Directive 98/34/EC (2) preclude the application of a national provision such as that laid down in the contested interministerial decree, which prohibits the marketing of single-use shopping bags made of non-biodegradable materials but otherwise complying with the requirements laid down in Directive 94/62/EC, where that national provision containing more restrictive technical rules than the EU legislation was not notified by the Member State to the European Commission in advance, but only after the adoption and before the publication of the measure?

2.Must Articles 1, 2, 9(1) and 18 of Directive 94/62/EC, as supplemented by the provisions of points 1, 2 and 3 of Annex II to the directive, be interpreted as precluding the adoption of a national rule prohibiting the marketing of single-use shopping bags made of non-biodegradable materials, which otherwise comply with the requirements laid down in Directive 94/62/EC, or may the additional technical rules laid down by national law be justified by the aim of ensuring a higher level of environmental protection, considering, if need be, the specific problems regarding waste collection in the Member State and the need for that State to implement the EU obligations laid down in that related context?

3.Must Articles 1, 2, 9(1) and 18 of Directive 94/62/EC, supplemented by the provisions of points 1, 2 and 3 of Annex II to the directive, be interpreted as constituting a clear and precise rule aimed at prohibiting any obstacle to the marketing of bags complying with the requirements laid down in the directive and leading to the necessary disapplication of any conflicting national legislation by all organs of the State, including public authorities?

4.Lastly, could the adoption of national legislation prohibiting the marketing of single-use non-biodegradable shopping bags manufactured in compliance with the requirements laid down in Directive 94/62/EC, where that national legislation is not justified by the aim of ensuring a higher level of environmental protection, by the specific problems regarding waste collection in the Member State and by the need for that State to implement the EU obligations laid down in that related context, constitute a manifest and serious infringement of Article 18 of Directive 94/62/EC?

(1) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10).

(2) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37).