Judgment — ECLI:EU:C:1998:192
Date: 1998-05-05
Language of the case: English
Court formation: Full Court
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal;Veterinary legislation
Concepts: General;Intra-Community trade;Emergency and protective measures
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: United Kingdom

summary publication). 135. Having regard to the importance of the role played by the free movement of animals, animal products and products of animal origin in achieving the objectives laid down in Article 39(1) of the Treaty, Article 43 of the Treaty must be regarded as constituting the appropriate legal basis for the adoption of Directives 90/425 and 89/662, even though those directives authorise the Commission incidentally to adopt safeguard measures covering 'products of animal origin‘, 'products derived from those products‘ and 'products derived‘ from animals which are not included in Annex II to the Treaty. 136. Consequently, the plea alleging that Directives 90/425 and 89/662 are illegal must be rejected. 137. In the light of the foregoing, the action must be dismissed in its entirety. Costs 138. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the United Kingdom has been unsuccessful and the Commission has applied for costs, the United Kingdom must be ordered to pay the costs. Under Article 69(4) of the Rules of Procedure, the Member States and institutions which intervene in the proceedings must bear their own costs. The Council must therefore bear its own costs. On those grounds, THE COURT hereby: 1. Declares the action brought by the United Kingdom of Great Britain and Northern Ireland inadmissible in so far as it seeks annulment of the Commission's statements of position of 10 April, 13 April and 8 May 1996; 2. Dismisses the action brought by the United Kingdom of Great Britain and Northern Ireland in so far as it seeks annulment of Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy; 3. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs; 4. Orders the Council of the European Union to bear its own costs. Rodríguez Iglesias Gulmann Ragnemalm Wathelet Schintgen Mancini Moitinho de Almeida Murray Edward Puissochet Hirsch Jann Sevón Delivered in open court in Luxembourg on 5 May 1998. R. Grass G.C. Rodríguez Iglesias Registrar President 1: Language of the case: English.