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Case C-745/22: Request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece) lodged on 2 December 2022 — Micreos Food Safety BV v Eniaios Foreas Elegchou Trofimon (EFET)
ECLI:EU:UNKNOWN:62022CN0745
62022CN0745
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Official Journal of the European Union
C 104/14
(Case C-745/22)
(2023/C 104/17)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: Micreos Food Safety BV
Defendant: Eniaios Foreas Elegchou Trofimon (EFET)
Questions referred
1.Must Regulation (EC) No 853/2004 (1) be interpreted as meaning that a product such as Listex™ Ρ100 manufactured by the applicant, which has the characteristics described in the opinion of 7 July 2016 of the European Food Safety Authority (EFSA) and, moreover, according to the applicant’s submissions, is applied outside of slaughterhouses during the final stages of the production process and is intended to prevent rather than to remove surface contamination on products of animal origin, comes within the scope of Article 3(2) of the regulation (and its distribution on the European market is therefore subject to prior approval by the Commission in accordance with Article 11a of the regulation)?
If the answer to Question 1 is in the negative:
2.Must Regulation (EC) No 1333/2008 (2) be interpreted as meaning that the applicant’s product referred to above is a food additive or a processing aid (Article 3(2)(a) and (b) of Regulation (EC) No 1333/2008)?
(1) 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 (OJ 2004 L 139, p. 55).
(2) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (Text with EEA relevance) (OJ 2008 L 354, p. 16).