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Case C-836/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (reference for a preliminary ruling from the Verwaltungsgericht Gera — Germany) — Toropet Ltd. v Landkreis Greiz (Reference for a preliminary ruling — Public health — Health rules concerning animal by-products not intended for human consumption — Regulation (EC) No 1069/2009 — Article 9(d) and Article 10(a) and (f) — Classification of products — Decomposition, deterioration and presence of foreign bodies in the material — Impact on the initial classification)
ECLI:EU:UNKNOWN:62019CA0836
62019CA0836
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25.10.2021
Official Journal of the European Union
C 431/22
(Case C-836/19) (*)
(Reference for a preliminary ruling - Public health - Health rules concerning animal by-products not intended for human consumption - Regulation (EC) No 1069/2009 - Article 9(d) and Article 10(a) and (f) - Classification of products - Decomposition, deterioration and presence of foreign bodies in the material - Impact on the initial classification)
(2021/C 431/22)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Toropet Ltd.
Defendant: Landkreis Greiz
Operative part of the judgment
Article 7(1), Article 9(h) and Article 10(a) and (f) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation), read in the light of Article 4(2) of that regulation, must be interpreted as meaning that animal by-products originally classified as Category 3 material, in accordance with Article 10(a) and (f) thereof, which are altered by decomposition or deterioration, or mixed with foreign bodies, such as pieces of plaster or sawdust, so that they are no longer fit for human consumption and/or pose a risk to human or animal health, do not comply with the level of risk associated with that classification and must therefore be reclassified into a lower category.
(*)
Language of the case: German
ECLI:EU:C:2021:140