Data source
Date of text
25 May 2011
Country
Seat of court
Catania
Original language

Italian

Type of text
National - lower court
Reference number
1280/2011
Court name
Tribunale Amministrativo Regionale (T.A.R.) Sicilia
Justice(s)
Leggio, G.
Messina, R.
Trebastoni, D.
Sources
InforMEA
Keywords
drinking water, food quality control, food safety

The Società Agricola Patria Spa, an enterprise engaged in the production of wine, brought action against the Local Health Authority of Catania which firstly had suspended the registration of the enterprise on grounds of food hygiene provisions and secondly had readmitted its registration and operation upon condition of conclusion of potable water supply agreement with a private operator. The enterprise brought this action to have the suspension declared void. In particular, the Local Health Authority alleged that the holding used non potable water during stages of wine production. The plaintiff alleged violation of Legislative Decree No. 31 of 2001 concerning quality of water destined to human consumption. In particular the plaintiff alleged that the Local Health Authority did not take into account the fact that water was not used to manufacture wine or wine products, but solely to wash the establishment, facilities and tools. In this respect the Tribunal recalled the definition of water for human consumption laid down under Presidential Decree No. 236 of 1988 and Directive 80/778/EEC. These provisions stipulate that water intended for human consumption means all water used for that purpose, either in its original state or after treatment, regardless of origin, whether supplied for consumption, or whether used in a food production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption and affecting the wholesomeness of the foodstuff in its finished form. On these grounds the Tribunal rejected the action brought by Società Agricola Patria Spa.