Opinion of the Advocate General — ECLI:EU:C:2004:25
Date: 2004-01-15
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the judgment Agriculture – Harmonisation of laws – Criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidae – Decision 92/353 – Right of the national authorities to refuse approval or recognition – No personal right for pre-existing association or organisation to obtain from those authorities a refusal to approve or recognise a new association or organisation (Commission Decision 92/353, Art. 2(2), first indent) The first indent of Article 2(2) of Decision 92/353 laying down the criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidae provides that the competent authorities of a Member State may refuse to recognise a new organisation or association if it would endanger the preservation of that breed or jeopardise the operation or the improvement or selection programme of the organisation or association already in existence. That article cannot be interpreted as meaning that it gives such an association or organisation a personal right to demand of the competent authorities concerned that they should refuse the recognition or approval requested by a new association or organisation when it is proved that at least one of the circumstances referred to in that provision exists. Indeed, if such an interpretation were to be accepted, it would amount to doing away with the discretion that Article 2(2) of Decision 92/353 meant to leave to the competent authorities of the Member States. In those circumstances, it is not contrary to Community law for the legislation of a Member State to deprive associations and organisations already in existence, which have submitted observations opposing the recognition of a new association or organisation, of a judicial means of obtaining redress challenging the competent national authorities’ decision to grant recognition. (see paras 35-37, 40, operative part 1-2)