Opinion of the Advocate General — ECLI:EU:C:2001:691
Date: 2001-12-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Free movement of goods;Measures having equivalent effect;Fisheries policy;Quantitative restrictions;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Free movement of goods — Quantitative restrictions — Measures having equivalent 
effect — National legislation laying down zero tolerance for the presence of Listeria 
monocytogenes in certain fish products — Whether permissible 
(Arts 28 EC and 30 EC; Council Directive 91/493; Commission Decision 94/356) 
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SUMMARY — CASE C-121/00 
Neither Directive 91/493 laying down the 
health conditions for the production and 
the placing on the market of fishery prod­
ucts and Decision 94/356 laying down 
detailed rules for the application of Direc­
tive 91/493 as regards own health checks 
on fishery products nor Articles 28 EC and 
30 EC preclude the application of national 
legislation laying down zero tolerance for 
the presence of Listeria monocytogenes in 
fish products which have not been chemi­
cally preserved. 
(see para. 47, operative part) 
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