31.3.2012

Official Journal of the European Union

C 98/10

(Case C-636/11)

2012/C 98/14

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Karl Berger

Defendant: Freistaat Bayern

Questions referred

1.Does Article 10 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (1) preclude rules of national law under which the public may be informed, and may be given the name of the food or animal feed product and of the food or animal feed business under the name or corporate name of which the food or animal feed product was produced or handled or placed on the market, if food that is not injurious to health but is unfit for consumption, particularly food that is nauseating, is or has been placed on the market in significant quantities or if, because of its particular nature, such food has been placed on the market only in small quantities but over a lengthy period of time?

2.If Question 1 is answered in the affirmative: Would the answer to Question 1 be different if the situation at issue arose prior to 1 January 2007, but at a time at which national law had already been brought into line with Regulation No 178/2002?

(1) 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).

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