«(Directive 89/397/EEC – Official control of foodstuffs – Second subparagraph of Article 7(1) – Analysis of samples – Right to a second opinion – Direct effect – Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion)»

1.. Acts of the institutions – Directives – Direct effect

2.. Approximation of laws – Official control of foodstuffs – Directive 89/397 – Right to a second opinion against a claim that products fail to meet the standard required by the national rules on foodstuffs – Direct effect – Right which must be granted to manufacturers where samples are taken from retail outlets (Council Directive 89/397, Art. 7(1), second subpara.)

3.. Approximation of laws – Official control of foodstuffs – Directive 89/397 – Admissibility of the results of analyses as evidence in the event of infringement of the right to a second opinion – To be assessed by the national courts – To be assessed in the light of the principles of equivalence and effectiveness – Respect for fundamental rights – Right to a fair hearing (Council Directive 89/397, Art. 7(1), second subpara.)

JUDGMENT OF THE COURT (Fifth Chamber) 10 April 2003 (1)

((Directive 89/397/EEC – Official control of foodstuffs – Second subparagraph of Article 7(1) – Analysis of samples – Right to a second opinion – Direct effect – Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion))

In Case C-276/01,

REFERENCE to the Court under Article 234 EC by the Amtsgericht Schleswig (Germany) for a preliminary ruling in the proceedings pending before that court against

on the interpretation of the second subparagraph of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ 1989 L 186, p. 23),

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans (Rapporteur), P. Jann, S. von Bahr and A. Rosas, Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Steffensen, represented by M. Grube, Rechtsanwalt, of the Danish Government, represented by J. Bering Liisberg, and of the Commission, represented by J. Sack, at the hearing on 12 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 22 October 2002,

gives the following

Community legislation

.

National legislation

Observations submitted to the Court

Reply of the Court

Observations submitted to the Court

Reply of the Court

On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the Amtsgericht Schleswig by order of 5 July 2001, hereby rules:

Wathelet

Timmermans

Jann

von Bahr

Rosas

Delivered in open court in Luxembourg on 10 April 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber