Belgian Public Prosecutor v Aldi SA, C-483/24, EU:C:[2026]:396 – Articles 4(2) and 5 and Chapters I, V and IX of Annex II to HFR.
1) pest droppings in food premises do not of themselves infringe Annex II, Chapter I, paragraph 2(c) HFR if characteristics of the premises permit implementation of good hygiene practices to prevent contamination.
2) obligation under Annex II, Chapter V, paragraph 1(a) HFR to clean and disinfect, to avoid any risk of contamination, not complied with if pest droppings in fittings and equipment with which food has contact.
3) obligation under Annex II, Chapter IX, paragraph 2 HFR to store raw materials and ingredients adequately, not complied with if pest droppings plus nibbled and soiled products present.
4) requirement in Annex II, Chapter IX, paragraph 3 HFR to protect food against any contamination likely to render it unfit for consumption, and objective of ensuring high level of protection of consumers health, not complied with if food soiled and nibbled by pests.
5) strong indication that obligation for pest control procedures under Annex II, Chapter IX, paragraph 4 HFR not complied with if pests present in food business shops or warehouses.
- repeated presence of pests demonstrates obligation to adopt such procedures infringed.
6) implementation of HACCP principles under Article 5 HFR cannot remove responsibility to comply with Annex II HFR.
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