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2020-05 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2020)

handle is hein.intyb/rcbjcofi0419 and id is 1 raw text is: Reports of Cases OPINION OF ADVOCATE GENERAL TANCHEV delivered on 14 May 20201 Case C-663/18 B. S., C. A. interveners: Ministere public, Conseil national de l'Ordre des pharmaciens (Request for a preliminary ruling from the Cour d'appel d'Aix-en-Provence (Court of Appeal, Aix-en-Provence, France)) (Reference for a preliminary ruling - Free movement of goods - Common organisation of the market in hemp - National legislation restricting the importation of hemp from another Member State solely to fibre and seeds) 1. The dispute in the main proceedings concerns the marketing in France of an electronic cigarette, the liquid in which contains cannabidiol ('CBD'), a compound extracted from the hemp plant, although, unlike tetrahydrocannabinol ('THC') also extracted from hemp, at least in the current state of scientific knowledge, it does not possess any psychotropic effects. B.S. and C.A., the directors of the company which markets that electronic cigarette under the name 'Kanavape', were convicted of a criminal offence by the Tribunal correctionnel de Marseille (Criminal Court, Marseille, France), on the grounds that the CBD oil contained in the cigarettes' cartridges was extracted from the whole hemp plant, including the leaves and flowers. French legislation restricts the cultivation, importation, exportation and industrial and commercial use of hemp solely to its fibre and seeds. 2. Since the CBD oil contained in Kanavape was, in the present case, imported from the Czech Republic, where the hemp plant was cultivated and where the CBD was extracted, the national court making the reference, the Cour d'appel d'Aix-en-Provence (Court of Appeal, Aix-en-Provence, France), questions whether the French legislation complies with the provisions of the FEU Treaty relating to the free movement of goods and with secondary legislation adopted within the framework of the common agricultural policy, specifically Regulation (EU) No 1307/20132 and Regulation (EU) No 1308/2013.3 1 Original language: French. 2 Regulation of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608). 3 Regulation of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ 2013 L 347, p. 671). ECLJ:EU:C:2020:3831 I

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