Order — ECLI:EU:T:1998:200
Date: 1998-09-15
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: Marketing of fishery products;Products from third countries
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: Spain

Summary of the O r d e r 
Agriculture — Approximation of laws concerning health policy — Veterinary inspections on prod­
ucts from third countries — Total prohibition on imports of consignments of fishery products 
originating in f apan — Breach of the principles of legal certainty, the protection of legitimate 
expectations, proportionality and equal treatment — Inadequate statement of reasons — Misuse 
of powers — None 
(Commission Decision 95/119) 
II - 3301 
SUMMARY — CASE T-136/95 
In so far as Commission Decision 95/119 
concerning certain protective measures with 
regard to fishery products originating in 
Japan imposed a total ban on imports of con­
signments of such products, following a 
finding by Commission experts of serious 
shortcomings relating to hygiene and control 
in their production and storage conditions, it 
does not infringe the principles of legal cer­
tainty, the protection of legitimate expecta­
tions, proportionality or equal treatment; 
nor is it tainted by an inadequate statement 
of reasons or by misuse of powers. 
As regards specifically the principle of legal 
certainty, the decision did not have retroac­
tive effect because it did not relate to imports 
made into the Community before it came 
into force. The fact that the decision also 
applied to goods en route to the Community 
at the time of its publication, and which it 
therefore actually affected, does not alter the 
fact that it took immediate effect, that is to 
say, it applied to all goods imported from the 
day on which it was published. 
As regards the principle of proportionality, 
the Commission was not bound to provide 
for a special regime for traders with goods en 
route to the Community, since there is 
already provision for veterinary inspections 
on importation — less effective and less reli­
able — where health and hygiene require­
ments have been satisfied from the start and, 
secondly, since the importance of the objec­
tive pursued, namely the protection of public 
health, may justify restrictions which have 
adverse consequences for certain traders. 
Moreover, since the measure taken was not 
more trade-restrictive than required to 
achieve the appropriate level of sanitary or 
phytosanitary protection, and the Commis­
sion based its decision on reliable conclu­
sions reached by experts, the decision does 
not breach the applicable provisions of the 
GATT. 
II - 3302