R (Newby Foods Limited) v Food Standards Agency [2017] EWCA Civ 400 - Regulation (EC) No 853/2004 – Article 11 TFEU.
1) CJEU’s statement of the law binding even if puts gloss on EU legislation.
2) CJEU’s gloss or qualification to paragraph 1.14 of Annex I to Regulation (EC) 853/2004, relating to “the cutting point”, limited to cutting of intact muscles from animal.
3) promotion of environmental protection under Article 11 TFEU outweighed by principle objective of Regulation to secure high level of consumer protection with regard to food safety.
4) stated conclusions of CJEU re application of law to the facts not binding on national court.
- for national court to find relevant facts and apply law as stated by CJEU to those facts.
5) judge entitled to find CJEU wrong, on facts, to conclude Newby product obtained from bone scrapings, but, on the law, product was nonetheless MSM.
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