Opinion of the Advocate General — ECLI:EU:C:1999:262
Date: 1999-05-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Appeal - unfounded;Action for damages;Action for failure to act
Origin: Belgium

Summary of the Judgment 
Agriculture — Uniform laws — Maximum residue limits of veterinary medicinal products 
in foodstuffs of animal origin — Procedure for establishing such limits — Regulation 
No 2377/90 — Obligations of the Commission — Scope 
(Council Regulation No 2377/90, Art. 8(3)(b)) 
It is clear from the context and aims of 
Article 8(3)(b) of Regulation No 2377/90 
laying down a Community procedure for 
the establishment of maximum residue 
limits of veterinary medicinal products in 
foodstuffs of animal origin that it does not 
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SUMMARY — CASE C-151/98 P 
specify exactly the period within which the 
Commission must propose to the Council 
the measures to be adopted. On the con­
trary, in using the expression 'without 
delay', the Community legislature, whilst 
requiring the Commission to act swiftly, 
allowed it a certain degree of latitude. 
Moreover, where the Commission is con­
fronted with a case which is highly complex 
and sensitive, it must be accorded the right 
to seek a further opinion from the Com­
mittee for Veterinary Medicinal Products, 
even though Regulation No 2377/90 is 
silent on that point. 
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