From: news@paragraf.nbg.sub.org
Newsgroups: de.soc.recht
Subject: JUS 9240.8.2 Consumer protection        
Date: Wed, 16 Dec 92 21:22:41 +0100
Organization: VDJ Nuernberg

ENR   : 2505
HD    : 8. Consumer Protection
TI    : Judgment of the Court of Justice - Agriculture - Substances having a
        hormonal action
RF    : JUS 9240.8.2
AB    : Directive 81/602/EEC concerns the prohibition of certain substances
        having a hormonal action and of any substances having a thyrostatic
        action. Directive 88/146/EEC prohibits the use in livestock farming
        of certain substances having a hormonal action. Finally, Directive
        86/469/EEC concerns the examination of animals and fresh meat for the
        presence of residues. Mr. V.D.T, cattle dealer, was prosecuted for
        holding or keeping in stock several bovines to which substances
        having a hormonal action had been administered.
        The Arrondissementsrechtbank of Breda (Netherlands), before which
        the case was brought made reference to the Court of Justice for a
        preliminary ruling to determine if Directives 81/602/EEC,
        88/146/EEC and 86/469/EEC preclude a Member State's legislation
        from prohibiting the holding or keeping in stock of animals to
        which any substance having a hormonal action has been administered.
        The Court noted that although the Directives in question provide
        for the prohibition to administer substances having a hormonal
        action, to slaughter and market bovines to which such substances
        have been administered, they do not mention any prohibition  to
        hold or  keep in stock animals to which substances having a hormonal
        action have been administered. However, the Court stated that the
        prohibition to hold or keep in stock animals to which such substances
        have been administered constitutes an efficacious means to reach the
        Directives'aim, namely, the prohibition to administer to any farming
        animals substances having a hormonal action. The Court adds that such
        prohibition does not work against the principle of free movement of
        goods, given the fact that any transaction concerning bovines and
        meat to which substances having a hormonal action have been
        administered is prohibited  by the above-mentioned Directives. Yet,
        the Court stressed that such a prohibition should not go beyond the
        provisions of these disputed directives, namely, those concerning
        derogations relating to the holding of animals to which substances
        having a hormonal action have been administered with a view to
        therapeutic treatment in strict conformity with the directives. The
        Court concluded that the Directives in question do not preclude a
        Member State's legislation from prohibiting the holding or keeping in
        stock of animals to which any substance having an oestrogenic,
        androgenic, gestagenic or thyrostatic action has been administered,
        provided that such prohibition does not prevent the application of
        the derogations provided for in those Directives. Judgment of the
        Court of Justice of 8 October 1992, Case C-143/91  L.Van der Tas, not
        yet published.
CT    : Consumer; Agriculture
DT    : 921127