Judgment — ECLI:EU:C:2010:93
Date: 2010-02-25
Language of the case: German
Court formation: Second Chamber
Subject matter: Agriculture and Fisheries;Beef and veal;Public health;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture – Approximation of laws on animal health – Protective measures with regard to transmissible spongiform encephalopathies (European Parliament and Council Regulation No 999/2001, as amended by Regulation No 1248/2001, Art. 6(1) and Annex III, Chapter A, Part I) Article 6(1) of Regulation No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies and Annex III, Chapter A, Part I, to that regulation, as amended by Regulation No 1248/2001, do not preclude national rules under which all bovine animals over 24 months of age must be screened for bovine spongiform encephalopathy (BSE). In accordance with the principle of proportionality, which is one of the general principles of European Union law, the lawfulness of such screening tests is subject to the condition that they be appropriate and necessary in order to attain the objectives legitimately pursued; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued. In that regard, the introduction of testing for all bovine animals of 24 to 30 months of age is an appropriate measure for detecting cases of BSE in animals in that age bracket and therefore for achieving the directly desired objective of that regulation which is, in accordance with its legal basis, namely, Article 152(4)(b) EC, the protection of public health. Furthermore, as regards the necessity of that measure, it must be borne in mind that Member States have a discretion in that field. Therefore, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter’s rules are disproportionate. Likewise, the fact that, in response to the discovery of isolated cases of BSE in animals of 28 months of age the Community legislature required, in respect of bovine animals over 24 months of age, less extensive testing than that introduced by a Member State does not mean that that State may not properly regard that testing as necessary. Lastly, such a measure does not appear to go beyond what is necessary to achieve the objective of the protection of public health as it results from Regulation No 999/2001. (see paras 32, 43-48, operative part)