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Official Journal |
EN C series |
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C/2026/1191 |
9.3.2026 |
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich (Austria) lodged on 10 December 2025 – NG v Bezirkshauptmannschaft Grieskirchen
(Case C-803/25, Bezirkshauptmannschaft Grieskirchen)
(C/2026/1191)
Language of the case: German
Referring court
Landesverwaltungsgericht Oberösterreich
Parties to the main proceedings
Appellant: NG
Respondent authority: Bezirkshauptmannschaft Grieskirchen
Other party to the proceedings: Biogena GmbH & Co KG
Questions referred
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1. |
Must Article 14(2)(b) of Regulation (EC) No 178/2002 (1) 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), read in conjunction with Article 14(5) thereof, be interpreted as meaning that a food is to be regarded as ‘unfit for human consumption’ only if one of the reasons set out in Article 14(5) of Regulation No 178/2002 (contamination by extraneous matter or otherwise, or through putrefaction, deterioration or decay) is present? |
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2. |
If the first question is answered in the negative: Must Article 14(2)(b) of 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), read in conjunction with Article 14(5) thereof, be interpreted as meaning that a food must be considered to be unfit for human consumption if, when consumed as intended, it provides more than twice the acceptable daily intake (ADI) according to the European Food Safety Authority’s evaluation of a food additive (contained in the food)? |
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3. |
Must 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) be interpreted as precluding a national provision of a Member State (or the interpretation of that provision) according to which food is also to be regarded as unfit for human consumption if its usability in accordance with its intended purpose is not guaranteed, without the reasons set out in Article 14(5) of Regulation No 178/2002 for food being unacceptable for human consumption being present? |
(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).
ELI: http://data.europa.eu/eli/C/2026/1191/oj
ISSN 1977-091X (electronic edition)