# C_2013344EN.01004201.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/42 |
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23.11.2013

EN

Official Journal of the European Union

C 344/42

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Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 12 August 2013 — The Queen on application of Newby Foods Ltd v Food Standards Agency

(Case C-453/13)

2013/C 344/72

Language of the case: English

Referring court

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Parties to the main proceedings

Applicant: Newby Foods Ltd

Applicant:

Defendant: Food Standards Agency

Defendant:

Questions referred

Questions referred

| (i) | Do the words ‘loss or modification of the muscle fibre structure’ in paragraph 1.14 of Annex I of Regulation (EC) No 853/2004 (1) mean ‘any loss or modification of the muscle fibre structure’ that is visible using standard techniques of microscopy? (The same words appear also in Article 3(n) of Regulation (EC) No. 999/2001 (2), as amended by Regulations (EC) No. 1923/2006 (3)). |
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(i)

Do the words ‘loss or modification of the muscle fibre structure’ in paragraph 1.14 of Annex I of Regulation (EC) No 853/2004 (1) mean ‘any loss or modification of the muscle fibre structure’ that is visible using standard techniques of microscopy? (The same words appear also in Article 3(n) of Regulation (EC) No. 999/2001 (2), as amended by Regulations (EC) No. 1923/2006 (3)).

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| (ii) | Can a meat product be classified as a meat preparation within paragraph 1.15 of Annex I where there has been some loss or modification of its muscle fibre structure that is visible using standard techniques of microscopy? |
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(ii)

Can a meat product be classified as a meat preparation within paragraph 1.15 of Annex I where there has been some loss or modification of its muscle fibre structure that is visible using standard techniques of microscopy?

| (iii) | If the answer to (i) is no and the answer to (ii) is yes, is the degree of loss or modification of the muscle fibre structure that is sufficient to require the meat product to be classified as MSM within paragraph 1.14 of Annex I the same as that required to eliminate the characteristics of fresh meat within paragraph 1.15? |
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(iii)

If the answer to (i) is no and the answer to (ii) is yes, is the degree of loss or modification of the muscle fibre structure that is sufficient to require the meat product to be classified as MSM within paragraph 1.14 of Annex I the same as that required to eliminate the characteristics of fresh meat within paragraph 1.15?

| (iv) | To what extent must the characteristics of fresh meat have been diminished before they can be said to have been eliminated within the meaning of paragraph 1.15? |
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(iv)

To what extent must the characteristics of fresh meat have been diminished before they can be said to have been eliminated within the meaning of paragraph 1.15?

| (v) | If the answer to (i) is no, but the answer to (iii) is also no:






  (a) | What degree of modification to the muscle fibre structure is required in order for the product in question to be classified as MSM? |
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(v)

If the answer to (i) is no, but the answer to (iii) is also no:

(a)

What degree of modification to the muscle fibre structure is required in order for the product in question to be classified as MSM?

| (b) | What criteria should be used by national courts in determining whether or not the muscle fibre structure of the meat has been modified by that degree? |
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(b)

What criteria should be used by national courts in determining whether or not the muscle fibre structure of the meat has been modified by that degree?

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(1)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

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OJ L 139, p. 55

(2)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

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OJ L 147, p. 1

(3)  Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

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OJ L 404, 30.12.2006, p. 1

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