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Case C-51/21: Judgment of the Court (Eighth Chamber) of 30 June 2022 (request for a preliminary ruling from the Tallinna Halduskohus — Estonia) — Aktsiaselts M.V.WOOL v Põllumajandus- ja Toiduamet (Reference for a preliminary ruling — Food law — Regulation (EC) No 2073/2005 — Microbiological criteria for foodstuffs — Article 3(1) — Obligations of food business operators — Annex I — Point 1.2 of Chapter 1 — Limit values for the presence of Listeria monocytogenes in fish products before and after being placed on the market — Regulation (EC) No 178/2002 — Article 14(8) — Official controls of the product at the stage at which it is placed on the market — Scope)

ECLI:EU:UNKNOWN:62021CA0051

62021CA0051

June 30, 2022
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Official Journal of the European Union

C 318/8

(Case C-51/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Food law - Regulation (EC) No 2073/2005 - Microbiological criteria for foodstuffs - Article 3(1) - Obligations of food business operators - Annex I - Point 1.2 of Chapter 1 - Limit values for the presence of Listeria monocytogenes in fish products before and after being placed on the market - Regulation (EC) No 178/2002 - Article 14(8) - Official controls of the product at the stage at which it is placed on the market - Scope)

(2022/C 318/09)

Language of the case: Estonian

Referring court

Parties to the main proceedings

Applicant: Aktsiaselts M.V.WOOL

Defendant: Põllumajandus- ja Toiduamet

Operative part of the judgment

The combined provisions of Article 3(1) and point 1.2 of Chapter 1 of Annex I to Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs, as amended by Commission Regulation (EU) 2019/229 of 7 February 2019, must be interpreted as meaning that, where the manufacturer is unable to demonstrate, to the satisfaction of the competent authority, that, throughout their shelf-life, foodstuffs will not exceed the limit of 100 colony-forming units/grams (g), as regards the presence of Listeria monocytogenes, the limit requiring the absence of detection of Listeria monocytogenes in 25 g of the food product concerned laid down in that point 1.2 of that Annex I, does not apply to foodstuffs which have been placed on the market throughout their shelf-life.

Language of the case: Estonian

* * *

(<span class="oj-super">1</span>) OJ C 128, 12.4.2021.

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