Order — ECLI:EU:C:2009:320
Date: 2009-05-19
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Inspections and checks
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Order Approximation of laws – Official control of foodstuffs – Directive 89/397 (Council Directive 89/397, Art. 7(1), second para.) The second paragraph of Article 7(1) of Directive 89/397 on the official control of foodstuffs must be interpreted as meaning that an undertaking which imported and then marketed a foodstuff and whose manager may, on the basis of analysis of samples of that product taken in a retail outlet, be subject to proceedings for the imposition of criminal or administrative penalties as a result of the condition and labelling of the product is a person subject to inspection within the meaning of the provision. (see para. 34, operative part)