8.6.2015

Official Journal of the European Union

C 190/4

(Case C-141/15)

(2015/C 190/04)

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: Doux SA, Maître Sophie Gautier, acting as administrator in the judicial administration of Doux SA, SCP Valliot-Le Guenevé-Abittbol, in the person of Maître Valliot, acting as administrator in the judicial administration of Doux SA

Defendant: Etablissement national des produits de l’agriculture et de la mer (FranceAgriMer)

Questions referred

1.Does compliance with the water-content threshold laid down by Article 15 of Regulation (EC) No 543/2008 (1), in conjunction with Annexes VI and VII thereto, constitute a requirement of ‘sound and fair marketable quality’ within the meaning of Article 28(1) of Commission Regulation (EC) No 612/2009 (2) and of the judgment of the Court of Justice in Nowaco Germany (C-353/04, EU:C:2006:522)?

2.Can frozen poultry with a water content exceeding the threshold laid down by Article 15 of Regulation (EC) No 543/2008, in conjunction with Annexes VI and VII thereto, accompanied by a health certificate issued by the competent authority, be marketed within the European Union in normal conditions, within the meaning of Article 28 of Regulation (EC) No 612/2009, and, if so, in what conditions?

3.Is the fact that the water-content threshold remains at 5,1 % under Annex VI to Regulation (EC) No 543/2008, and has not been revised for several decades, despite alleged changes in rearing practices and criticism in certain scientific studies that that threshold is obsolete, compatible or incompatible with EU law, and in particular with the principle of legal certainty?

4.Are Annexes VI and VII to Regulation (EC) No 543/2008 sufficiently precise for the checks provided for by Article 15 of that regulation to be carried out, or was France under an obligation to lay down ‘practical measures for the checks’‘at all stages of marketing’, failing which checks carried out at the stage of exportation of the goods cannot be relied upon?

5.Can the requests for counter-analyses which are provided for by Article 16(2) and (5) of Regulation No 543/2008 in respect of the results of slaughterhouse checks be extended to checks carried out at the stage of marketing of export products, in the presence of the parties, pursuant to, inter alia, Article 41 of the Charter of Fundamental Rights of the European Union?

*

Commission Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat (OJ 2008 L 157, p. 46).

*

Commission Regulation (EC) No 612/2009 of 7 July 2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 2009 L 186, p. 1).