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Document 62016CN0107

Case C-107/16: Request for a preliminary ruling from the Tribunale di Pordenone (Italy) lodged on 22 February 2016 — Criminal proceedings against Giorgio Fidenato

OJ C 165, 10.5.2016, p. 10–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

10.5.2016   

EN

Official Journal of the European Union

C 165/10

Request for a preliminary ruling from the Tribunale di Pordenone (Italy) lodged on 22 February 2016 — Criminal proceedings against Giorgio Fidenato

(Case C-107/16)

(2016/C 165/11)

Language of the case: Italian

Referring court:

Tribunale di Pordenone

Criminal proceedings against:

Giorgio Fidenato

Questions referred for a preliminary ruling

1.

When requested to do so by a Member State, is the Commission required, for the purposes of Article 54(1) of Regulation No 178/2002, (1) to adopt emergency measures even if the Commission does not consider there to be a serious and evident risk to human and animal health or to the environment?

2.

If the Commission has notified the Member State that the conditions for the adoption of emergency measures do not exist, may the Member State take measures pursuant to Article 53 of Regulation No 178/2002?

3.

May the Member State, on the basis of the precautionary principle, adopt emergency measures pursuant to Article 34 of Regulation No 1829/2003 (2) even where the conditions of serious and evident risk are not present, and may it maintain such measures in force when the Commission, after examining the opinion of EFSA, notifies it that the conditions necessary for the adoption of emergency measures are not met?

(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).

(2)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p 1).

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