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Case C-793/22, Biohemp Concept: Judgment of the Court (Fourth Chamber) of 4 October 2024 (request for a preliminary ruling from the Curtea de Apel Alba Iulia – Romania) – Biohemp Concept SRL v Direcţia pentru Agricultură Judeţeană Alba (Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1305/2013 – Regulation (EU) No 1307/2013 – Regulation (EU) No 1308/2013 – Cultivation of hemp (Cannabis sativa) – Refusal to issue a permit for the cultivation of hemp using hydroponic systems in an indoor environment)

ECLI:EU:UNKNOWN:62022CA0793

62022CA0793

January 1, 2022
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Official Journal of the European Union

C series

C/2024/7008

(Case C-793/22, Biohemp Concept)

(Reference for a preliminary ruling - Common agricultural policy - Regulation (EU) No 1305/2013 - Regulation (EU) No 1307/2013 - Regulation (EU) No 1308/2013 - Cultivation of hemp (Cannabis sativa) - Refusal to issue a permit for the cultivation of hemp using hydroponic systems in an indoor environment)

(C/2024/7008)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Biohemp Concept SRL

Respondent: Direcţia pentru Agricultură Judeţeană Alba

Operative part of the judgment

EU law relating to the common agricultural policy must be interpreted as not precluding a prohibition, in a Member State, on the cultivation of hemp (Cannabis sativa) using hydroponic systems in an indoor environment, provided that that prohibition is an appropriate means of securing the objective of protecting public health and that, in the light of the objectives of the common agricultural policy and the proper functioning of the common organisation of the markets, it does not go beyond what is necessary to attain the objective of protecting public health.

(1) OJ C 179, 22.5.2023.

ELI: http://data.europa.eu/eli/C/2024/7008/oj

ISSN 1977-091X (electronic edition)

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