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Case C-10/23, Remia Com Impex: Judgment of the Court (Seventh Chamber) of 21 March 2024 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie - Romania) – Remia Com Impex SRL v Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor (ANSVSA) and Direcţia Sanitară Veterinară şi pentru Siguranţa Alimentelor Dolj (Reference for a preliminary ruling – Food safety – Hygiene rules for food of animal origin – Regulation (EC) No 853/2004 – Scope – Exceptions – Supply of food between retail establishments constituting a marginal, localised and restricted activity – Concept of ‘marginal, localised and restricted activity’ – National legislation departing from the definition of that concept provided by that regulation)

ECLI:EU:UNKNOWN:62023CA0010

62023CA0010

March 21, 2024
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Official Journal of the European Union

C series

C/2024/3136

(Case C-10/23,

Remia Com Impex)

(Reference for a preliminary ruling - Food safety - Hygiene rules for food of animal origin - Regulation (EC) No 853/2004 - Scope - Exceptions - Supply of food between retail establishments constituting a marginal, localised and restricted activity - Concept of ‘marginal, localised and restricted activity’ - National legislation departing from the definition of that concept provided by that regulation)

(C/2024/3136)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Remia Com Impex SRL

Respondents: Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor (ANSVSA) and Direcţia Sanitară Veterinară şi pentru Siguranţa Alimentelor Dolj

Operative part of the judgment

Article 1(5)(b)(ii) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, read in the light of recital 13 thereof,

must be interpreted as precluding, given that those provisions define the concept of ‘localised … activity’ as being a supply to establishments situated ‘in [the] immediate vicinity’, a piece of national legislation which includes in that concept supplies going beyond such a supply, such as supplies to establishments situated throughout the national territory, and thus limits the scope of that regulation.

ELI: http://data.europa.eu/eli/C/2024/3136/oj

ISSN 1977-091X (electronic edition)

* * *

(*1) Language of the case: Romanian.

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