Order of the Court (Seventh Chamber) of 19 May 2009 — (reference for a preliminary ruling from the Amtsgericht Büdingen — Germany) — Criminal proceedings against Guido Weber

(Case C-166/08) (1)

(Article 104(3) of the Rules of Procedure - Directive 89/397/EEC - Official control of foodstuffs - Right of those subject to inspection to obtain a second opinion - Concept of person subject to inspection)

2009/C 205/27

Language of the case: German

Referring court

Amtsgericht Büdingen

Criminal proceedings against

Guido Weber

Action

Reference for a preliminary ruling — Amtsgericht Büdingen — Interpretation of the second sentence 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) — Right of those subject to inspection to obtain a second opinion when an official control of foodstuffs is being carried out — Question whether a person liable under criminal or administrative law for the condition and labelling of a foodstuff is a person ‘subject to inspection’

Operative part of the judgment

The second sentence of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs is to be interpreted as meaning that a company which has imported and then marketed a foodstuff and whose manager, on the basis of the analysis of samples of that product taken in the retail trade, is to be held responsible by the prosecuting authorities for the condition and labelling of that product in proceedings relating to the imposition of criminal penalties or administrative fines, is to be considered a person ‘subject to inspection’ for the purposes of those provisions.

(1)  OJ C 183, 19.07.2008.