Official Journal of the European Union

C series

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C/2025/4274

11.8.2025

(Case C-406/25, FF Skagen)

(C/2025/4274)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Skatteministeriet

Defendant: FF Skagen A/S

Questions referred

Must note 1(c) to Chapter 3 of Council Regulation (EEC) No 2658/87 (<span class="oj-super oj-note-tag">1</span>) of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as set out in Annex I to Commission Implementing Regulation (EU) No 1101/2014 (<span class="oj-super oj-note-tag">2</span>) of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, be interpreted as meaning that Chapter 3 does not cover goods such as those at issue in the main proceedings?

The Court is requested to clarify whether any of the following have a bearing on the answer to the question referred:

the addition of acetic acid or any other acid to the goods, including whether it is relevant that acetic acid, which according to the manufacturer’s information is not approved for human consumption, has been added to the goods.

the average TVB-N value of the goods exceeds 25 to 35 pursuant to Commission Regulation (EC) No 2074/2005. (<span class="oj-super oj-note-tag">3</span>)

the goods are stored in bulk, where parts of the fish have a TVB-N level exceeding the level authorised pursuant to Commission Regulation (EC) No 2074/2005.

the goods have not been handled in accordance with the legislation on food hygiene, including:

Regulation No 178/2002 (<span class="oj-super oj-note-tag">4</span>) of the European Parliament and of the Council,

Regulation No 852/2004 (<span class="oj-super oj-note-tag">5</span>) of the European Parliament and of the Council,

Regulation No 853/2004 (<span class="oj-super oj-note-tag">6</span>) of the European Parliament and of the Council,

Regulation No 854/2004 (<span class="oj-super oj-note-tag">7</span>) of the European Parliament and of the Council,

Regulation No 1333/2008 (<span class="oj-super oj-note-tag">8</span>) of the European Parliament and of the Council,

Regulation No 1069/2009 (<span class="oj-super oj-note-tag">9</span>) of the European Parliament and of the Council;

according to the commercial documents, the goods were taken by the catching vessel, offered for sale and sold exclusively for the industrial production of animal feed and not for human consumption.

according to the Danish food authorities, as a result of the addition of acetic acid, the goods are not fit for human consumption, irrespective of their TVB-N value.

the goods are imported into the European Union as by-products under Regulation (EC) No 1069/2009 of the European Parliament and of the Council. The Court is requested in that connection to clarify which documentation is required for goods to be deemed a by-product under Council Regulation (EC) No 1069/2009 and of the European Parliament.

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(1) OJ 1987 L 256, p. 1.

(2) OJ 2014 L 312, p. 1.

(3) Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ 2005 L 338, p. 27).

(4) 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).

(5) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ 2004 L 139, p. 1).

(6) 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).

(7) 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).

(8) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ 2008 L 354, p. 16).

(9) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).

ELI: http://data.europa.eu/eli/C/2025/4274/oj

ISSN 1977-091X (electronic edition)

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