Slaughtering without pre-stunning and EU law on animal welfare

L'articolo è scritto in collaborazione con Michele Giannino. Abstract In OABA vMAA the CJEU ruled that the EU organic production logo cannot be affixed tomeat products derived from animals slaughtered without first being stunned in accordance with religious prescriptions. This article places the judgment within the context of the EU emerging policy on animal welfare. It starts by outlining this policy, one of the chief achievements of which is the general rule that animals must be stunned before being slaughtered. This rule is then contrasted with the exception provided for by EU secondary legislation and grounded on Article 13 of the Treaty on the Functioning of the European Union that allows the slaughtering of animals without prior stunning where it is so required by religious rites. The interaction between these two provisionsmay be remarkably tensewith regard to ‘halal’ or ‘kosher’ products. The article examines how this issue has been dealt with by the CJEU, with a particular focus on OABA v MAA. Arguably, the rulings that the EU organic logo cannot be legitimately used for products processed fromanimals killed with ritual slaughteringmethods and that the exception for the ritual slaughtering must be strictly interpreted are a welcome step towards a stronger EU animal welfare policy. The judgment also sends that a clear message that animal welfare cannot be sacrificed on the altar of mere economic interests.