EU: Court of Justice to rule on the prohibition of indoor hydroponic systems

EU Law Live reports

Today, a case concerning a preliminary ruling request from the Court of Appeal of Alba Lulia, Romania, has been officially published in the OJ: case Biohemp Concept (C-793/22).

The case concerns Biohemp Concept, an undertaking whose economic activity consists of the indoor cultivation of hemp (Cannabis Sativa) through hydroponic systems, a technique for growing plants using water-based nutrients rather than soil.

Considering that, according to Romanian national law, the cultivation of hemp through such a technique is prohibited, the referring court decided to stay the proceedings and ask the Court of Justice whether EU law provisions, stemming from Articles 35, 36, and 38 TFEU, as well asRegulation 1307/2013establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy andRegulation 1308/2013establishing a common organisation of the markets in agricultural products, disallow such national rules that impose the said prohibition.

Accordingly, the referring court is, essentially, asking the Court of Justice to rule on the compatibility of Romanian law with the free movement of goods and the common agricultural policy, as prescribed by Union rules.

Read the official publicationhere.





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