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Document 62001CJ0276
Judgment of the Court (Fifth Chamber) of 10 April 2003. # Joachim Steffensen. # Reference for a preliminary ruling: Amtsgericht Schleswig - Germany. # Directive 89/397/EEC - Official control of foodstuffs - Second subparagraph of Article 7(1) - Analysis of samples - Right to a second opinion - Direct effect - Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion. # Case C-276/01.
Judgment of the Court (Fifth Chamber) of 10 April 2003.
Joachim Steffensen.
Reference for a preliminary ruling: Amtsgericht Schleswig - Germany.
Directive 89/397/EEC - Official control of foodstuffs - Second subparagraph of Article 7(1) - Analysis of samples - Right to a second opinion - Direct effect - Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion.
Case C-276/01.
Judgment of the Court (Fifth Chamber) of 10 April 2003.
Joachim Steffensen.
Reference for a preliminary ruling: Amtsgericht Schleswig - Germany.
Directive 89/397/EEC - Official control of foodstuffs - Second subparagraph of Article 7(1) - Analysis of samples - Right to a second opinion - Direct effect - Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion.
Case C-276/01.
European Court Reports 2003 I-03735
ECLI identifier: ECLI:EU:C:2003:228
*A9* Amtsgericht Schleswig, Beschluß vom 05/07/2001 (50 OWi 105 Js - OWi 1448/01)
*P1* Amtsgericht Schleswig, Beschluß vom 23/04/2003 (50 OWi 105 Js - OWi 1448/01)
«(Directive 89/397/EEC – Official control of foodstuffs – Second subparagraph of Article 7(1) – Analysis of samples – Right to a second opinion – Direct effect – Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion)»
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(Council Directive 89/397, Art. 7(1), second subpara.)
(Council Directive 89/397, Art. 7(1), second subpara.)
JUDGMENT OF THE COURT (Fifth Chamber)
10 April 2003 (1)
((Directive 89/397/EEC – Official control of foodstuffs – Second subparagraph of Article 7(1) – Analysis of samples – Right to a second opinion – Direct effect – Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion))
In Case C-276/01, REFERENCE to the Court under Article 234 EC by the Amtsgericht Schleswig (Germany) for a preliminary ruling in the proceedings pending before that court against Joachim Steffensen, on the interpretation of the second subparagraph of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ 1989 L 186, p. 23),THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Mr Steffensen, represented by M. Grube, Rechtsanwalt, of the Danish Government, represented by J. Bering Liisberg, and of the Commission, represented by J. Sack, at the hearing on 12 September 2002,
after hearing the Opinion of the Advocate General at the sitting on 22 October 2002,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the questions referred to it by the Amtsgericht Schleswig by order of 5 July 2001, hereby rules:
Wathelet |
Timmermans |
Jann |
von Bahr |
Rosas |
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R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |