Language of document :

Request for a preliminary ruling from the Verwaltungsgericht Gera (Germany) lodged on 18 November 2019 — Toropet Ltd. v Landkreis Greiz

(Case C-836/19)

Language of the case: German

Referring court

Verwaltungsgericht Gera

Parties to the main proceedings

Applicant: Toropet Ltd.

Defendant: Landkreis Greiz

Questions referred

Is Article 10(a) of Regulation No 1069/2009 1 to be interpreted as meaning that the original classification as Category 3 material is lost if fitness for human consumption no longer applies due to decomposition and spoilage?

Is Article 10(f) of Regulation No 1069/2009 to be interpreted as meaning that the original classification as Category 3 material for products of animal origin, or foodstuffs containing products of animal origin, is lost if a risk to public or animal health arises from the material as a result of later decomposition or spoilage processes?

Is the provision of Article 9(d) of Regulation No 1069/2009 to be interpreted restrictively as meaning that material mixed with foreign bodies such as sawdust is only to be categorised as Category 2 material when the material is to be processed and is destined for feeding purposes?

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1     Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ 2009 L 300, p. 1).