R (Newby Foods Limited) v Food Standards Agency [2019] UKSC 18 - Regulation (EC) No 853/2004 – Article 11 TFEU.
1) for national court to find relevant facts and apply law as stated by CJEU to those facts.
– Court of Appeal correct in holding CJEU had, applying its interpretation of the law in point 1.4 of Annex I to Regulation (EC) 853/2004 to the facts, clearly found Newby’s products were MSM.
2) not inconsistent with CJEU’s role of giving authoritative ruling on the interpretation of EU law to also say how that law should be applied to facts of case when considers answer clear.
3) article 11 TFEU sets out general principle on interpretation of EU legislation, but not on interpretation of clear CJEU judgment.
– promotion of environmental protection under Article 11 TFEU outweighed by principle objective of Regulation (EC) 853/2004 to secure high level of consumer protection with regard to food safety.
4) “acte clair” that Newby’s products were MSM.
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