CELEX: 62011CN0636
Language: en
Date: 2011-12-09 00:00:00
Title: Case C-636/11: Reference for a preliminary ruling from the Landgericht München I (Germany) lodged on 9 December 2011 — Karl Berger v Freistaat Bayern

31.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 98/10
            
         Reference for a preliminary ruling from the Landgericht München I (Germany) lodged on 9 December 2011 — Karl Berger v Freistaat Bayern
   (Case C-636/11)
   2012/C 98/14
   Language of the case: German
   
      Referring court
   
   Landgericht München I
   
      Parties to the main proceedings
   
   
      Applicant: Karl Berger
   
      Defendant: Freistaat Bayern
   
      Questions referred
   
   
               1.
            
            
               Does Article 10 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (1) preclude rules of national law under which the public may be informed, and may be given the name of the food or animal feed product and of the food or animal feed business under the name or corporate name of which the food or animal feed product was produced or handled or placed on the market, if food that is not injurious to health but is unfit for consumption, particularly food that is nauseating, is or has been placed on the market in significant quantities or if, because of its particular nature, such food has been placed on the market only in small quantities but over a lengthy period of time?
            
         
               2.
            
            
               If Question 1 is answered in the affirmative: Would the answer to Question 1 be different if the situation at issue arose prior to 1 January 2007, but at a time at which national law had already been brought into line with Regulation No 178/2002?
            
         
      (1)  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).