Opinion of the Advocate General — ECLI:EU:C:2000:211
Date: 2000-04-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
Agriculture — Approximation of laws on health inspections — Intra-Comnmnity trade 
in fresh meat — Veterinary checks — Directive 89/662 — Postponement of the date on 
which Community protective measures to combat transmissible spongiform encephalo­
pathies are to become applicable — Adoption by Member States of interim protective 
measures — Permissible 
(Council Directive 89/662, Art. 9(1), subpara. 4; Commission Decision 97/534) 
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SUMMARY — CASE C-477/98 
The adoption by the 'Commission of a 
decision which is not immediately applic­
able, such as Decision 97/534 on the 
prohibition of the use of material present­
ing risks as regards transmissible spongi­
form encephalopathies, cannot, as such, be 
regarded as precluding a Member State 
from itself taking interim protective meas­
ures pursuant to the fourth subparagraph 
of Article 9(1) of Directive 89/662 
concerning veterinary checks in intra-Com-
munity trade with a view to the completion 
of the internal market. The situation would 
only be different if the date on which the 
Community protective measure became 
applicable were to be postponed for the 
express reason that no measures were 
needed at all, at either national or Com­
munity level, before that date. In such 
circumstances, the deferral of the applica­
tion of the Community legislation would 
have to be construed as precluding the 
adoption by Member States of protective 
measures pending the date on which the 
Community measure became applicable. 
(see paras 58, 60) 
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