Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 2 November 2023 – pro medico Handels GmbH v Bürgermeisterin der Stadt Graz
(Case C-652/23, pro medico Handel)
Language of the case: German
Referring court
Landesverwaltungsgericht Steiermark
Parties to the main proceedings
Applicant: pro medico Handels GmbH
Defendant: Bürgermeisterin der Stadt Graz
Questions referred
Must Article 14(2)(b) of Regulation No 178/2002, 1 read in conjunction with Article 14(5) thereof, be interpreted as precluding legislation of a Member State or an interpretation of that legislation whereby a food is to be regarded as unfit for human consumption if its usability in accordance with its intended purpose is not guaranteed, without any of the reasons set out in Article 14(5) of Regulation No 178/2002 for food being unacceptable for human consumption (contamination by extraneous matter or otherwise, or putrefaction, deterioration or decay) having to be present?
If Question 1 is answered in the negative:
Must Article 14(2)(b) of Regulation No 178/2002, 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 (significantly) exceeds a level regarded by the European Food Safety Authority (EFSA), in its evaluation of a mineral substance contained in the food, as the Tolerable Upper Intake Level (UL)?
If Question 2 is answered in the affirmative:
Is the limit value for zinc set by the EFSA binding or is it permissible for the limit value to be exceeded to a certain degree if, in accordance with Article 14(3)(b) of Regulation No 178/2002, information is affixed to the product stating that the product is suitable only for a certain group of persons, that no other preparations containing zinc may be taken alongside it and that the intake must be limited in time?
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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).