# C_2005006EN.01001201.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/12 |
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8.1.2005

EN

Official Journal of the European Union

C 6/12

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 28 October 2004

in Case C-124/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Artrada (Freezone) NV, Videmecum BV, Jac. Meisner Internationaal Expeditiebedrijf BV v Rijksdienst voor de keuring van Vee en Vlees (1)

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(Health checks - Production and placing on the market of raw milk, heat-treated milk and milk-based products - Mixture made of sugar, cocoa and skimmed-milk powder, imported from Aruba)

(2005/C 6/20)

Language of the case: Dutch

In Case C-124/03: reference for a preliminary ruling under Article 234 EC from the College van Beroep voor het bedrijfsleven (Netherlands), made by decision of 11 March 2003, received at the Court on 20 March 2003, in the proceedings between Artrada (Freezone) NV, Videmecum BV, Jac. Meisner Internationaal Expeditiebedrijf BV v Rijksdienst voor de keuring van Vee en Vlees — the Court (Third Chamber), composed of: A. Rosas, President of the Chamber (Rapporteur), R. Schintgen and N. Colneric, Judges; M. Poiares Maduro, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 28 October 2004, in which it has ruled:

| 1. | Article 2(2) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products is to be interpreted as meaning that the expression ‘milk for the manufacture of milk-based products’ does not include milk constituents of a product which also contains other non-milk constituents if the milk constituent cannot be separated from the non-milk constituents. |
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1.

Article 2(2) of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products is to be interpreted as meaning that the expression ‘milk for the manufacture of milk-based products’ does not include milk constituents of a product which also contains other non-milk constituents if the milk constituent cannot be separated from the non-milk constituents.

| 2. | Article 2(4) of Directive 92/46 is to be interpreted as meaning that the term ‘milk-based products’ covers both finished products and semi-finished products which must undergo further processing before they can be offered for sale to the consumer. In such a case, it is with regard to the semi-finished product that it must be ascertained whether its milk content is an essential part, in terms of quantity or for its characterisation. To do that, account must be taken of the characteristics and objective properties of the semi-finished product when it is imported, particularly the proportion of milk or milk product in the semi-finished product, the use which can be made of the semi-finished product and its taste. |
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2.

Article 2(4) of Directive 92/46 is to be interpreted as meaning that the term ‘milk-based products’ covers both finished products and semi-finished products which must undergo further processing before they can be offered for sale to the consumer. In such a case, it is with regard to the semi-finished product that it must be ascertained whether its milk content is an essential part, in terms of quantity or for its characterisation. To do that, account must be taken of the characteristics and objective properties of the semi-finished product when it is imported, particularly the proportion of milk or milk product in the semi-finished product, the use which can be made of the semi-finished product and its taste.

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(1)  OJ C 146 of 21.6.2003.

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