18.7.2022

Official Journal of the European Union

C 276/7

(Case C-311/22)

(2022/C 276/11)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Anklagemyndigheden

Defendants: PO and Moesgaard Meat 2012 A/S

Questions referred

1.Is point 6.4(a) of Annex I to Directive 2010/75/EU (1) of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) to be interpreted as meaning that ‘carcass production’ covers the slaughter process, which begins when the animal is removed from lairage, stunned and killed and ends when the large standard cuts are produced, so that the weight of the slaughter animal is to be calculated before the neck and head as well as the organs and entrails are removed, or does ‘carcass production’ mean the production of pig carcasses after the organs and entrails as well as the neck and head have been removed, and after exsanguination and chilling, so that the weight of the slaughter animal should only be calculated at this point in time?

2.Is point 6.4(a) of Annex I to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) to be interpreted as meaning that when determining the number of production days included in the capacity ‘per day’, this should take into account only the days when stunning, killing and immediate cutting up of the slaughter pig are carried out, or should this take into account the days when the operations for dressing the slaughter pigs are carried out, which includes preparing the animal for slaughter, chilling the slaughtered animal and removing the animal’s head and neck?

3.Is point 6.4(a) of Annex I to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) to be interpreted as meaning that the ‘capacity’ of a slaughterhouse is to be calculated as the maximum production per day within 24 hours, subject to the physical, technical or legal constraints actually complied with by the slaughterhouse, but not lower than its achieved production, or can the slaughterhouse’s ‘capacity’ be lower than its achieved production, for example, where the production achieved by a slaughterhouse has been carried out in disregard of the physical, technical or legal constraints on production that are assumed when calculating the slaughterhouse’s ‘capacity’?

Language of the case: Danish

(1) OJ 2010 L 334, p. 17.