Official Journal of the European Union

C series

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C/2024/2390

8.4.2024

Judgment of the Court (Second Chamber) of 22 February 2024 (request for a preliminary ruling from the Højesteret — Denmark) — Anklagemyndigheden v PO, Moesgaard Meat 2012 A/S

(Case C-311/22, (<span class="oj-super oj-note-tag">1</span>) Moesgaard Meat 2012)

(Reference for a preliminary ruling - Environment - Directive 2010/75/EU - Integrated pollution prevention and control - Article 10 - Annex I, point 6.4(a) - Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day - Concepts of ‘carcass’ and ‘production capacity per day’ - Slaughterhouse without a permit - Actual production must be taken into account)

(C/2024/2390)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Anklagemyndigheden

Defendants: PO, Moesgaard Meat 2012 A/S

Operative part of the judgment

must be interpreted as meaning that for the purpose of calculating the pig carcass production capacity of a slaughterhouse, it is necessary to take into consideration the weight of the slaughtered pigs after exsanguination and evisceration and without the tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

must be interpreted as meaning that where the daily carcass production capacity of an operating slaughterhouse that does not have the permit required under Article 4(1) of that directive is calculated on the basis of its actual monthly production volumes, that calculation must include, in addition to the days on which animals are slaughtered, the days on which other steps in carcass production are carried out. By contrast, it is not necessary in that context to take into account any physical, technical or legal constraints that could restrict the production capacity of the slaughterhouse.

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ELI: http://data.europa.eu/eli/C/2024/2390/oj

ISSN 1977-091X (electronic edition)

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