Opinion of the Advocate General — ECLI:EU:C:2007:428
Date: 2007-07-12
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Right of establishment;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria;Germany

Summary of the Judgment Freedom to provide services – Restrictions (Arts 45 EC, 49 EC and 55 EC; Council Regulation No 2092/91) A Member State which requires private inspection bodies of organically‑farmed products approved in another Member State to maintain an establishment in national territory in order to be able to provide inspection services there fails to fulfil its obligations under Article 49 EC. In the first place, the auxiliary and preparatory role conferred on private bodies by Regulation No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs vis-à-vis the supervisory authority cannot be regarded as a direct and specific participation in the exercise of official authority for the purposes of Article 55 EC read in conjunction with the first paragraph of Article 45 EC, justifying an exception by virtue of those provisions, but as an additional activity separable from the exercise of such authority, which does not permit the extension of the exception allowed by those provisions to the entire profession referred to by the regulation. Moreover, such a requirement goes beyond what is objectively necessary to attain the objective of consumer protection capable of justifying interference with the freedom to provide services. (see paras 31-32, 42, 46, 52-54, operative part)