R v Food Standards Agency

R v Food Standards Agency

The Supreme Court referred to the Court of Justice of the European Union the questions of whether EU Regulations preclude a national procedure allowing a Justice of the Peace to decide on the merits of Official Veterinarian decisions regarding food safety, and whether EU law mandates a right of appeal on the merits...

Source-derived case information.

Parties
Appellants: Association of Independent Meat Suppliers and Cleveland Meat Company Ltd; Respondent: Food Standards Agency
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Judicial Review / Reference to the Court of Justice of the European Union
Outcome
Reference to the Court of Justice of the European Union for a preliminary ruling
Legal Topics
Official Controls, Food Safety, Right of Appeal, Judicial Review, Animal by Products
Administrative Law Food Law European Union Law Official Controls Food Safety Right of Appeal Judicial Review Animal by Products

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Parties

Association of Independent Meat Suppliers and Cleveland Meat Company Ltd

Appellants

Food Standards Agency

Respondent

Procedural Posture

Judicial Review / Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether section 9 of the Food Safety Act 1990 applies to disputes over Official Veterinarian decisions under EU food safety regulations
  2. 2 Whether EU Regulations preclude a national procedure allowing a Justice of the Peace to decide on the merits of food safety compliance
  3. 3 Whether Regulation (EC) No 882/2004 mandates a right of appeal against Official Veterinarian decisions and the scope of such appeal

Ratio Decidendi

The Supreme Court referred to the Court of Justice of the European Union the questions of whether EU Regulations preclude a national procedure allowing a Justice of the Peace to decide on the merits of Official Veterinarian decisions regarding food safety, and whether EU law mandates a right of appeal on the merits against such decisions.

Court Disposition

Reference to the Court of Justice of the European Union for a preliminary ruling

Orders

  • Questions referred to the Court of Justice of the European Union as set out in the judgment