Judgment — ECLI:EU:C:2009:170
Date: 2009-03-19
Language of the case: German
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: Financing
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Approximation of laws on animal health – Financing of health inspections and controls of fresh meat – Directive 85/73 (Council Directive 85/73, as amended and consolidated by Directive 96/43, Annex A, Chapter I, points 4(a) and (b)) 2. Agriculture – Approximation of laws on animal health – Financing of health inspections and controls of fresh meat – Directive 85/73 (Council Directive 85/73, as amended and consolidated by Directive 96/43, Annex A, Chapter I, points 4(a) and (b)) 1. Point 4(a) of chapter I of Annex A to Directive 85/73 on the financing of veterinary inspections and controls covered by Directives 89/662, 90/425, 90/675 and 91/496, as amended and consolidated by Directive 96/43, must be interpreted as meaning that it does not permit Member States to deviate from the fee structure laid down in points 1 and 2(a) of Chapter I of Annex A and charge a fee the scale of which varies according to the size of establishments and diminishes according to the number of animals slaughtered per animal type. Point 4(b) of chapter I of Annex A to Directive 85/73 must be interpreted as meaning that a Member State is not required to comply with the fee structure laid down in points 1 and 2(a) of Chapter I of Annex A and may charge a fee the scale of which varies according to the size of an establishment and the number of animals slaughtered per animal type, where it is established that those factors have an actual effect on the actual costs incurred in carrying out the veterinary inspections and controls required by the relevant provisions of Community law. (see para. 24, operative part 1) 2. Point 4(a) of chapter I of Annex A to Directive 85/73 on the financing of veterinary inspections and controls covered by Directives 89/662, 90/425, 90/675 and 91/496, as amended and consolidated by Directive 96/43, must be interpreted as meaning that a Member State may charge, in respect of inspections of animals which, at the request of the owner, are slaughtered outside normal slaughtering hours, an ‘additional fee on a percentage basis’ on top of the fee normally charged for inspections of animals when that increase represents a standard value which reflects the additional costs to be covered. Point 4(b) of chapter I of Annex A to Directive 85/73 must be interpreted as meaning that a Member State may charge, in respect of inspections of animals which, at the request of the owner, are slaughtered outside normal slaughtering hours, an ‘additional fee on a percentage basis’ on top of the fee normally charged for inspections of animals when that increase reflects the additional actual costs. (see para. 37, operative part 2)