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Case C-7/23, Marvesa Rotterdam: Judgment of the Court (Seventh Chamber) of 21 March 2024 (request for a preliminary ruling from the Raad van State - Belgium) – Marvesa Rotterdam NV v Federaal Agentschap voor de veiligheid van de voedselketen (FAVV) (Reference for a preliminary ruling – Agriculture – Approximation of health legislation – Animal health policy – Veterinary checks – Products of animal origin imported from China – Import ban – Decision 2002/994/EC – Exemption for certain products – Part I of the annex – Fishery products – Definition – Fish oil – Products intended for animal feed – Validity)

ECLI:EU:UNKNOWN:62023CA0007

62023CA0007

March 21, 2024
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Official Journal of the European Union

C series

C/2024/3135

(Case C-7/23, (1) Marvesa Rotterdam)

(Reference for a preliminary ruling - Agriculture - Approximation of health legislation - Animal health policy - Veterinary checks - Products of animal origin imported from China - Import ban - Decision 2002/994/EC - Exemption for certain products - Part I of the annex - Fishery products - Definition - Fish oil - Products intended for animal feed - Validity)

(C/2024/3135)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Marvesa Rotterdam NV

Defendant: Federaal Agentschap voor de veiligheid van de voedselketen (FAVV)

Operative part of the judgment

1.Part I of the annex to Commission Decision 2002/994/EC of 20 December 2002 concerning certain protective measures with regard to the products of animal origin imported from China, as amended by Commission Implementing Decision (EU) 2015/1068 of 1 July 2015, must be interpreted as meaning that the term ‘fishery products’ includes products intended for human consumption, and not products intended for animal feed, and that, consequently, fish oil intended for animal feed is not a ‘fishery product’ within the meaning of that annex.

2.The examination of the second question has revealed nothing capable of affecting the validity of Part I of the annex to Decision 2002/994, as amended by Implementing Decision 2015/1068.

(1) OJ C 189, 30.5.2023.

ELI: http://data.europa.eu/eli/C/2024/3135/oj

ISSN 1977-091X (electronic edition)

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