On June 25, 2025, the spotlight will turn to Luxembourg as Europe’s food businesses and supermarket chains anxiously await a landmark ruling by the Court of Justice of the European Union (CJEU) in case C-483/24. The case could reshape the regulatory landscape around hygiene responsibilities for food retailers across the EU.
Referred by Belgium’s Supreme Court (Cour de cassation), the case revolves around the interpretation of Regulation (EC) No. 852/2004 on food hygiene. At its core lies a crucial legal question: Are food businesses required under EU law to guarantee the complete absence of pests (an obligation of result), or is it sufficient to take all reasonable preventive measures (an obligation of means)?
The implications are significant. If the Court rules that the mere presence of pests—such as droppings or traces—in stores or warehouses automatically constitutes a violation, regardless of the precautions taken, businesses could face penalties even if they have robust prevention systems in place. These might include contracts with specialized pest control firms and frequent inspections.
Conversely, if the Court finds that such presence does not in itself breach the law, authorities will need to demonstrate that the company failed to meet its due diligence and preventive obligations.
The upcoming decision is poised to set a precedent with wide-reaching effects on the EU’s retail food sector. It could reshape internal compliance protocols and influence how national regulatory bodies enforce food hygiene laws.
