Case C-473/24, Speyer & Grund: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 July 2024 – Speyer & Grund GmbH & Co. KG v Werner & Mertz GmbH
Date: 2024-07-04
Institutions: Court of Justice
Subjects: biocide, decontamination, food safety, foodstuff, market approval








C_202406075EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6075


21.10.2024






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 4 July 2024 – Speyer & Grund GmbH & Co. KG v Werner & Mertz GmbH


(Case C-473/24, Speyer & Grund)

(C/2024/6075)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Defendant and appellant on a point of law: Speyer & Grund GmbH & Co. KG

Applicant and respondent on a point of law: Werner & Mertz GmbH

Questions referred







1.


Is the first sentence of point (a) of Article 3(1) of Regulation (EU) No 528/2012 (1) to be interpreted as meaning that the intended purpose necessary for a product to be categorised as a biocidal product must be the sole or primary purpose, or is it sufficient that a product is also intended – albeit secondarily – to be used as a biocidal product?










2.


Is the second sentence of Article 2(1), read in conjunction with Annex V to Regulation (EU) No 528/2012, to be interpreted as meaning that a biocidal product, which is (also) intended for cleaning food, falls within the scope of Regulation (EU) No 528/2012 as a product of product-type 4 (Food and feed area) in Main group 1 (Disinfectants)?










3.


Is point (e) of the first subparagraph of Article 2(2) and the second subparagraph of Article 2(2) Regulation (EU) No 528/2012 to be interpreted as meaning that a biocidal product, which is (also) intended for the cleaning/disinfection of foods, falls solely within the scope of Regulation (EC) No 852/2004 (2), and in particular is not included in the scope of Regulation No 528/2012 by virtue of the reverse exception provided for in the second subparagraph of Article 2(2) thereof?










4.


Is the area exception for food provided for in point (e) of Article 1(5) of Regulation (EC) No 1272/2008 (3) to be interpreted as meaning that that Regulation applies to a product, which is intended as both a food as defined in Article 2 of Regulation (EC) No 178/2002 (4) and as a biocidal product as defined in Article 2(1) and the first sentence of point (a) of Article 3(1) of Regulation No 528/2012, notwithstanding that area exception, if applicable provided that the intended purpose as a biocide is the primary purpose?










5.


Is the area exception for food provided for in point (d) of Article 2(6), read in conjunction with Title IV, of Regulation (EC) No 1907/2006 (5) to be interpreted as meaning that the application of Title IV to a product within the meaning of the fourth question referred for a preliminary ruling is not precluded, notwithstanding that area exception, if applicable provided that the intended purpose as a biocide is the primary purpose?






(1)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).

(2)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ 2004 L 139, p. 1).

(3)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ 2008 L 353, p. 1).

(4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1).

(5)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1).


ELI: http://data.europa.eu/eli/C/2024/6075/oj
ISSN 1977-091X (electronic edition)