Official Journal of the European Union

C series

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C/2025/2510

12.5.2025

(Case C-33/25, Stichting Bloembollenkeuringsdienst)

(C/2025/2510)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: T V.O.F.

Defendant: Stichting Bloembollenkeuringsdienst

Questions referred

Must the phrase ‘holding available or in stock’ in Article 2(3) of Directive 98/56/EC (1) be interpreted as meaning that it also applies if propagating material in the form of flower bulbs has been planted but not yet harvested, so that even the planting of flower bulbs constitutes marketing within the meaning of that provision?

Does the exception in Article 3(2)(c) of Directive 98/56/EC also apply to the situation in which a flower bulb grower plants flower bulbs with a view to conserving a certain cultivar?

Can the exception in Article 3(2)(c) of Directive 98/56/EC also be invoked if the detailed rules referred to in Article 3(3) of Directive 98/56/EC have not yet been adopted?

Does Directive 98/56/EC, in view of recital 10 thereof, allow Member States, in provisions of national law intended to implement Directive 98/56/EC and which refer to Articles 3 to 9 of Directive 98/56/EC, to give the term ‘marketing’ a broader meaning than the definition in Article 2(3) of Directive 98/56/EC, so that the planting of flower bulbs is also considered to be ‘marketing’ and an infringement of those provisions of national law can be punished by a fine?

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Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ 1998 L 226, p. 16).

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ELI: http://data.europa.eu/eli/C/2025/2510/oj

ISSN 1977-091X (electronic edition)

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