Opinion of the Advocate General — ECLI:EU:C:2010:702
Date: 2010-11-18
Language of the case: Dutch
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture – Approximation of laws on animal health – Veterinary and zootechnical checks in intra-Community trade in live animals and products of animal origin – Protection measures against bovine spongiform encephalopathy (Council Directive 90/425, Art. 10(1) and (4); Council Decision 2000/766; Commission Decision 94/381) The law of the European Union, in particular Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, Decision 94/381 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein and Decision 2000/766 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, does not preclude national legislation which, with a view to affording protection against bovine spongiform encephalopathy, imposed a temporary prohibition on the production of and trading in processed animal proteins for feeding to farmed animals if the situation in the Member State concerned was so urgent as to justify the immediate adoption of such measures on serious grounds of public or animal health. It is for the referring court to establish whether that condition was met and the principle of proportionality observed. The adoption by the Commission of a decision which is not immediately applicable cannot, as such, be regarded as precluding a Member State from itself taking interim protective measures pursuant to the fourth subparagraph of Article 10(1) of Directive 90/425. (see paras 66, 70, operative part)