9.10.2010

Official Journal of the European Union

C 274/12

Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 29 July 2010 — Astrid Preissl KEG v Landeshauptmann von Wien

(Case C-381/10)

()

2010/C 274/18

Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Wien

Parties to the main proceedings

Appellant: Astrid Preissl KEG

Respondent: Landeshauptmann von Wien

Questions referred

Should the requirement in point 4 of Chapter I of Annex II to Regulation (EC) No 852/2004 (1) that ‘[a]n adequate number of washbasins is to be available … with hot and cold running water’ be interpreted as meaning that the term ‘Handwaschbecken’ used in the German language version is to be understood as any hand washing facility (connected to a hot water supply), or only as a washbasin which is used exclusively for hand-washing?

What are the criteria for determining whether the hygiene requirements laid down in point 4 of Chapter 1 of Annex II to Regulation (EC) No 852/2004, as expressed with the words ‘materials for cleaning hands and for hygienic drying’, are met? Should that provision of the Annex be interpreted as meaning, for example, that a hand dryer or a water tap only meets the hygiene requirements of point 4 of Chapter I of Annex II to Regulation (EC) No 852/2004 if the hand dryer or water tap can be used without touching by hand?

(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs; OJ 2004 L 139, p. 1.