Hahn (Agriculture) [2002] EUECJ C-121/00 (24 October 2002)

Hahn (Agriculture) [2002] EUECJ C-121/00 (24 October 2002)

Neither Directive 91/493/EEC nor Decision 94/356/EC nor Articles 28 and 30 EC preclude national legislation imposing zero tolerance for Listeria monocytogenes in fish products not chemically preserved, as scientific uncertainty allows Member States to determine protection levels for public health, provided measures are proportionate.

Citation
[2002] EUECJ C-121/00
Parties
Defendant: Mr Hahn; Defendant: Nordsee GmbH senior staff; Intervener: Austrian Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
24 October 2002
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling: National zero tolerance for Listeria monocytogenes in non-chemically preserved fish products is not precluded by EU law.
Legal Topics
Interpretation of Directive 91/493/eec, Zero Tolerance for Listeria Monocytogenes, Free Movement of Goods, Public Health Protection
European Union Law Food Safety Law Criminal Law Interpretation of Directive 91/493/eec Zero Tolerance for Listeria Monocytogenes Free Movement of Goods Public Health Protection

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Parties

Mr Hahn

Defendant

Nordsee GmbH senior staff

Defendant

Austrian Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Does EU law preclude national zero tolerance for Listeria monocytogenes in non-chemically preserved fish products?
  2. 2 Are national measures restricting intra-Community trade justified for public health protection?

Ratio Decidendi

Neither Directive 91/493/EEC nor Decision 94/356/EC nor Articles 28 and 30 EC preclude national legislation imposing zero tolerance for Listeria monocytogenes in fish products not chemically preserved, as scientific uncertainty allows Member States to determine protection levels for public health, provided measures are proportionate.

Court Disposition

Preliminary ruling: National zero tolerance for Listeria monocytogenes in non-chemically preserved fish products is not precluded by EU law.

Orders

  • Neither Directive 91/493/EEC nor Decision 94/356/EC nor Articles 28 and 30 EC preclude national zero tolerance legislation.
  • Costs for Austrian Government and Commission not recoverable; costs for main parties to be decided by national court.