Opinion of the Advocate General — ECLI:EU:C:1998:294
Date: 1998-06-16
Language of the case: Danish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Denmark

Summary of the Judgment
1. Free movement of goods — Quantitative restrictions — Measures having equivalent effect —
Meaning — Prohibition on keeping certain animal species on part of the national territory
(EC Treaty, Art. 30)
I - 8033
SUMMARY — CASE C-67/97
2. Free movement of goods — Derogations — Protection of the health of animals — Conserva­
tion of biodiversity — Prohibition on keeping on an island any species of bee other than the
subspecies Apis mellifera mellifera (Læsø brown bee) —· Whether permissible
(EC Treaty, Art. 36)
1. A national legislative measure prohibiting
the keeping of certain animal species on a
particular part of the national territory and
their importation to that part of the national
territory constitutes a measure having an
effect equivalent to a quantitative restric­
tion within the meaning of Article 30 of
the Treaty.
A legislative measure of that kind, which
concerns the intrinsic characteristics of the
species in question, cannot be regarded as
a measure regulating selling arrangements.
Moreover, it has a direct and immediate
impact on trade, and not effects too
uncertain and too indirect for the
obligation which it lays down not to be
capable of being regarded as being of such
a kind as to hinder trade between Member
States.
2. A national legislative measure prohibiting
the keeping on an island such as Læsø of
any species of bee other than the subspe­
cies Apis mellifera mellifera (Læsø brown
bee) must be regarded as justified, under
Article 36 of the Treaty, on the ground of
the protection of the health and life of ani­
mals.
Measures to preserve an indigenous animal
population with distinct characteristics
contribute to the maintenance of biodiver­
sity through ensuring the survival of the
population concerned; their aim is thus to
protect the life of those animals.
From the point of view of the conserva­
tion of biodiversity, it is immaterial whether
the object of protection is a separate sub­
species, a distinct strain within any given
species or merely a local colony, so long as
the populations in question have charac­
teristics distinguishing them from others
and are therefore judged worthy of pro­
tection either to shelter them from the risk
of extinction, or, even in the absence of
such risk, to serve a scientific or other
interest in preserving the pure population
at the location concerned.
I - 8034