19.7.2008   

EN

Official Journal of the European Union

C 183/11


Reference for a preliminary ruling from the Amtsgericht Büdingen (Germany) lodged on 18 April 2008 — Criminal proceedings against Guido Weber

(Case C-166/08)

(2008/C 183/21)

Language of the case: German

Referring court

Amtsgericht Büdingen

Parties to the main proceedings

Prosecutor: Staatsanwaltschaft b.d. LG Gießen

Defendant: Guido Weber

Question referred

Is the second sentence of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1) to be interpreted, with regard to the expression ‘those subject to inspection’, as applying not only to the manufacturer of the foodstuff but also to the person marketing it, to the extent that the latter is to be held responsible by the prosecuting authorities for the condition and labelling of the foodstuff in proceedings relating to the imposition of criminal penalties or administrative fines?


(1)  OJ 1989 L 186, p. 23.