CELEX: 62011CA0636
Language: en
Date: 2013-04-11 00:00:00
Title: Case C-636/11: Judgment of the Court (Fourth Chamber) of 11 April 2013 (request for a preliminary ruling from the Landgericht München I — Germany) — Karl Berger v Freistaat Bayern (Regulation (EC) No 178/2002 — Consumer protection — Food safety — Public information — Placing on the market of food unfit for human consumption, but not constituting a health risk)

1.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 156/10
            
         Judgment of the Court (Fourth Chamber) of 11 April 2013 (request for a preliminary ruling from the Landgericht München I — Germany) — Karl Berger v Freistaat Bayern
   (Case C-636/11) (1)
   
   (Regulation (EC) No 178/2002 - Consumer protection - Food safety - Public information - Placing on the market of food unfit for human consumption, but not constituting a health risk)
   2013/C 156/15
   Language of the case: German
   
      Referring court
   
   Landgericht München I
   
      Parties to the main proceedings
   
   
      Applicant: Karl Berger
   
      Defendant: Freistaat Bayern
   
      Re:
   
   Request for a preliminary ruling — Landgericht München I — Interpretation of Article 10 of 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) — Scope ratione temporis — Rules of national law under which the public may be informed in cases where a foodstuff which is unfit for consumption and nauseating in appearance, but which does not constitute a specific risk to health, is placed on the market
   
      Operative part of the judgment
   
   Article 10 of 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, must be interpreted as not precluding national legislation allowing information to be issued to the public mentioning the name of a food and the name or trade name of the food manufacturer, processor or distributor, in a case where that food, though not injurious to health, is unfit for human consumption. The second subparagraph of Article 17(2) of that regulation must be interpreted as allowing, in circumstances such as those of the case in the main proceedings, national authorities to issue such information to the public in accordance with the requirements of Article 7 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.
   
      (1)  OJ C 98, 31.3.2012.