# C_2023127EN.01001901.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/19 |
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11.4.2023

EN

Official Journal of the European Union

C 127/19

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Request for a preliminary ruling from the Verwaltungsgericht Osnabrück (Germany) lodged on 16 January 2023 — cdVet Naturprodukte GmbH v Niedersächsisches Landesamt für Verbraucherschutz und Lebensmittelsicherheit (LA-VES)

(Case C-13/23, cdVet Naturprodukte)

(2023/C 127/22)

Language of the case: German

Referring court

Verwaltungsgericht Osnabrück

Parties to the main proceedings

Applicant: cdVet Naturprodukte GmbH

Defendant: Niedersächsisches Landesamt für Verbraucherschutz und Lebensmittelsicherheit (LA-VES)

Questions referred

| 1. | Is Regulation (EC) No 1831/2003, (1) in particular Article 3(1)(a), Article 4(1), Article 7(1) and Article 10(1)(a), (2) and (5) thereof, which provide that, in the case where no authorisation has been granted, a blanket ban on placing on the market, using and processing feed additives is to be ordered, with no account taken of the circumstances of the particular case in question, compatible with the principle of proportionality enshrined in Article 52(1) of the Charter [of Fundamental Rights of the European Union (‘the Charter’)], in the light of the freedom to conduct a business protected by Article 16 of the Charter and the right to property provided for in Article 17(1) of the Charter? |
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1.

Is Regulation (EC) No 1831/2003, (1) in particular Article 3(1)(a), Article 4(1), Article 7(1) and Article 10(1)(a), (2) and (5) thereof, which provide that, in the case where no authorisation has been granted, a blanket ban on placing on the market, using and processing feed additives is to be ordered, with no account taken of the circumstances of the particular case in question, compatible with the principle of proportionality enshrined in Article 52(1) of the Charter [of Fundamental Rights of the European Union (‘the Charter’)], in the light of the freedom to conduct a business protected by Article 16 of the Charter and the right to property provided for in Article 17(1) of the Charter?

| 2. | In the event that the Court answers the first question in the affirmative, with the result that Regulation (EC) No 1831/2003, in particular Article 3(1)(a), Article 4(1), Article 7(1) and Article 10(1)(a), (2) and (5) thereof, is to be interpreted without restriction, does the extract used by the applicant as a feed additive, which, according to the distributor’s product specification sheet, is produced from grapefruit seeds and grapefruit peel and is described in that sheet as grapefruit seed extract (more specifically, grapefruit seed extract S), (also) constitute (in any event) the substance listed in Article 2, point 3, of Implementing Regulation (EU) No 2021/758, (2) in conjunction with Part 1 of Chapter I.A of Annex I thereto, as ‘Grapefruit extract CoE 140’? |
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2.

In the event that the Court answers the first question in the affirmative, with the result that Regulation (EC) No 1831/2003, in particular Article 3(1)(a), Article 4(1), Article 7(1) and Article 10(1)(a), (2) and (5) thereof, is to be interpreted without restriction, does the extract used by the applicant as a feed additive, which, according to the distributor’s product specification sheet, is produced from grapefruit seeds and grapefruit peel and is described in that sheet as grapefruit seed extract (more specifically, grapefruit seed extract S), (also) constitute (in any event) the substance listed in Article 2, point 3, of Implementing Regulation (EU) No 2021/758, (2) in conjunction with Part 1 of Chapter I.A of Annex I thereto, as ‘Grapefruit extract CoE 140’?

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(1)  Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ 2003 L 268, p. 29).

(2)  Commission Implementing Regulation (EU) 2021/758 of 7 May 2021 on the status of certain products as feed additives within the scope of Regulation (EC) No 1831/2003 of the European Parliament and of the Council and on the withdrawal from the market of certain feed additives (OJ 2021 L 162, p. 5).

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