Criminal proceedings against Rene Joseph Kugelmann. [1981] EUECJ R-108/80 (5 February 1981)

Criminal proceedings against Rene Joseph Kugelmann. [1981] EUECJ R-108/80 (5 February 1981)

An individual prosecuted for using sorbic acid in certain foodstuffs cannot rely on Directive 64/54/EEC if national law permits its use in other foodstuffs; Member States retain discretion under the Directive at this stage of harmonization.

Citation
[1981] EUECJ R-108/80
Parties
Prosecutor: Ministère Public; Defendant: René Joseph Kugelmann; Civilly Liable Party: Société de Produits Alimentaires pour Charcuteries (SOPAC) SARL
Jurisdiction
European Union
Judgment Date
05 February 1981
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From Cour D'appel De Colmar After Criminal Conviction at First Instance
Outcome
Preliminary ruling: individual cannot rely on Directive 64/54/EEC in these circumstances
Legal Topics
Approximation of Legislation, Food Preservatives, Direct Effect of Directives
European Union Law Criminal Law Food Law Approximation of Legislation Food Preservatives Direct Effect of Directives

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Parties

Ministère Public

Prosecutor

René Joseph Kugelmann

Defendant

Société de Produits Alimentaires pour Charcuteries (SOPAC) SARL

Civilly Liable Party

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From Cour D'appel De Colmar After Criminal Conviction at First Instance

Legal Issues

  1. 1 Whether an individual prosecuted under national law for using sorbic acid in foodstuffs can rely on Council Directive 64/54/EEC authorizing its use, when national law permits its use in other foodstuffs

Ratio Decidendi

An individual prosecuted for using sorbic acid in certain foodstuffs cannot rely on Directive 64/54/EEC if national law permits its use in other foodstuffs; Member States retain discretion under the Directive at this stage of harmonization.

Court Disposition

Preliminary ruling: individual cannot rely on Directive 64/54/EEC in these circumstances

Orders

  • An individual prosecuted for using sorbic acid in certain foodstuffs intended for human consumption cannot rely upon the provisions of Directive 64/54/EEC authorizing the use of that preservative if the applicable national legislation permits the use of sorbic acid in other foodstuffs intended for human consumption.