South Lanarkshire Council v GSR Distributions Ltd [2015] SLT (icle 3(7) GFLR.
1) a food business (or unit thereof) which principally supplies the final consumer (i.e. “retail” in nature), but which has a de minimis wholesale sideline in supplying food of animal origin to other retail establishments is exempt from the requirements of Reg 853/2004.
- purposive approach must be applied to the interpretation of EU legislation.
2) “wholesale outlet” does not become “retail” under article 3(7) GFLR merely because it is an outlet of a wholesale business.
- to qualify as “retail”, the principal operation of the establishment must be direct supply to the final consumer.
- application of the ejusdem generis principle and purposive interpretation.
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