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Case C-277/18: Request for a preliminary ruling from the Tribunal Administrativo de Círculo de Lisboa (Lisbon, Portugal) lodged on 24 April 2018 — Henkel Ibérica Portugal, Unipessoal Lda v Comissão de Segurança de Serviços e Bens de Consumo
ECLI:EU:UNKNOWN:62018CN0277
62018CN0277
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(Case C-277/18)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Henkel Ibérica Portugal, Unipessoal Lda
Defendant: Comissão de Segurança de Serviços e Bens de Consumo
Questions referred
1.Is national legislation, established in Portugal in Decree-law No 69/2005 of 17 March and in Decree-law No 150/90 of 10 May, which, as well as prohibiting the placing on the market of products that could endanger the health and safety of consumers because they can be confused with foods, also prohibits the placing on the market of products that, since they can be confused with other products (toys, in particular) due to their appearance, can, through normal or reasonably foreseeable use, endanger the health and safety of consumers, especially children, compatible with Community law — in particular with Council Directive 2001/95/EC (1) [of the European Parliament and of the Council] of 3 December 2001 on general product safety, with Articles 28 and 30 of the Treaty (as referred to in that directive) and with Council Directive 87/357/EEC (2) of 25 June 1987?
2.Do Articles 34 and 36 of the Treaty preclude the application of national legislation which prohibits within the national territory not only the placing on the market of products that can be confused with food products, in accordance with Article 1(2) of the abovementioned Community Directive, but also other products whose appearance can cause consumers to use them for purposes other than those for which they are intended, even when they are not dangerous preparations within the meaning of Article 2 of Directive 1999/45/EC (3) of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations?
(1) OJ 2002 L 11, p. 4.
(2) Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers (OJ 1987 L 192, p. 49).
(3) Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ 1999 L 200, p. 1).