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Case C-636/11: Judgment of the Court (Fourth Chamber) of 11 April 2013 (request for a preliminary ruling from the Landgericht München I — Germany) — Karl Berger v Freistaat Bayern (Regulation (EC) No 178/2002 — Consumer protection — Food safety — Public information — Placing on the market of food unfit for human consumption, but not constituting a health risk)
ECLI:EU:UNKNOWN:62011CA0636
62011CA0636
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Official Journal of the European Union
C 156/10
(Case C-636/11) (<span class="super">1</span>)
(Regulation (EC) No 178/2002 - Consumer protection - Food safety - Public information - Placing on the market of food unfit for human consumption, but not constituting a health risk)
2013/C 156/15
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Karl Berger
Defendant: Freistaat Bayern
Re:
Request for a preliminary ruling — Landgericht München I — Interpretation of Article 10 of 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) — Scope <span class="italic">ratione temporis</span> — Rules of national law under which the public may be informed in cases where a foodstuff which is unfit for consumption and nauseating in appearance, but which does not constitute a specific risk to health, is placed on the market
Operative part of the judgment
Article 10 of 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, must be interpreted as not precluding national legislation allowing information to be issued to the public mentioning the name of a food and the name or trade name of the food manufacturer, processor or distributor, in a case where that food, though not injurious to health, is unfit for human consumption. The second subparagraph of Article 17(2) of that regulation must be interpreted as allowing, in circumstances such as those of the case in the main proceedings, national authorities to issue such information to the public in accordance with the requirements of Article 7 of 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.
(<span class="super">1</span>) OJ C 98, 31.3.2012.