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Case C-579/19: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 30 July 2019 — R (on the application of Association of Independent Meat Suppliers and another) v The Food Standards Agency
ECLI:EU:UNKNOWN:62019CN0579
62019CN0579
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Official Journal of the European Union
C 328/33
(Case C-579/19)
(2019/C 328/36)
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: R (on the application of Association of Independent Meat Suppliers and another)
Respondent: The Food Standards Agency
Questions referred
1.Do Regulations (EC) Nos 854 (1) and 882 (2) preclude a procedure whereby pursuant to section 9 of the Food Safety Act 1990 a Justice of the Peace decides on the merits of the case and on the basis of the evidence of experts called by each side whether a carcass fails to comply with food safety requirements?
2.Does Regulation (EC) No 882 mandate a right of appeal in relation to a decision of an Official Veterinarian under article 5.2 of Regulation (EC) No 854 that the meat of a carcass was unfit for human consumption and, if it does, what approach should be applied in reviewing the merits of the decision taken by the Official Veterinarian on an appeal in such a case?
(1) Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ 2004, L 139, p. 206).
(2) 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 (OJ 2004, L 165, p. 1).