# C_2019383EN.01002302.xml

| 11.11.2019 | EN | Official Journal of the European Union | C 383/23 |
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11.11.2019

EN

Official Journal of the European Union

C 383/23

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Judgment of the Court (Ninth Chamber) of 12 September 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Pollo del Campo S.c.a., Avi Coop Società Cooperativa Agricola (C-199/18), C.A.F.A.R. — Società Agricola Cooperativa, Società Agricola Guidi di Roncofreddo di Guidi Giancarlo e Nicolini Fausta (C-200/18) v Regione Emilia-Romagna, Azienda Unità Sanitaria Locale 104 di Modena, A.U.S.L. Romagna (C-199/18 and C-200/18) and SAIGI Società Cooperativa Agricola a r.l., MA.GE.MA. Società Agricola Cooperativa v Regione Emilia-Romagna, A.U.S.L. Romagna (C-343/18)

(Joined Cases C-199/18, C-200/18 and C-343/18) (1)

(Reference for a preliminary ruling - Approximation of laws - Regulation (EC) No 882/2004 - Article 27 - Official controls of feed and food - Financing - Fees or charges payable for official controls - Possibility for the Member States to exempt certain categories of operators - Minimum rates for fees)

(2019/C 383/24)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellants: Pollo del Campo S.c.a., Avi Coop Società Cooperativa Agricola (C-199/18), C.A.F.A.R. — Società Agricola Cooperativa, Società Agricola Guidi di Roncofreddo di Guidi Giancarlo e Nicolini Fausta (C-200/18) and SAIGI Società Cooperativa Agricola a r.l., MA.GE.MA. Società Agricola Cooperativa (C-343/18)

Respondents: Regione Emilia-Romagna, Azienda Unità Sanitaria Locale 104 di Modena, A.U.S.L. Romagna (C-199/18 and C-200/18) and Regione Emilia-Romagna, A.U.S.L. Romagna (C-343/18)

Operative part of the judgment

| 1. | Article 27 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules must be interpreted as meaning that Member States are obliged to require the payment of fees relating to official controls on the activities referred to in Annex IV, section A and Annex V, section A to that regulation also from food and feed business operators which carry out the slaughtering and cutting of meat as ancillary activities to their main activity of rearing. |
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1.

Article 27 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules must be interpreted as meaning that Member States are obliged to require the payment of fees relating to official controls on the activities referred to in Annex IV, section A and Annex V, section A to that regulation also from food and feed business operators which carry out the slaughtering and cutting of meat as ancillary activities to their main activity of rearing.

| 2. | Article 27 of Regulation No 882/2004 must be interpreted as meaning that it does not allow a Member State to apply rates for fees which are lower than the minimum rates specified in Annex IV, section B and Annex V, section B to Regulation No 882/2004. |
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2.

Article 27 of Regulation No 882/2004 must be interpreted as meaning that it does not allow a Member State to apply rates for fees which are lower than the minimum rates specified in Annex IV, section B and Annex V, section B to Regulation No 882/2004.

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(1)  OJ C 240, 9.7.2018.

OJ C 268, 30.7.2018.

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