Opinion of the Advocate General — ECLI:EU:C:2000:52
Date: 2000-01-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal;Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
Agriculture — Approximation of laws on health policy — Directives 88/407 and 93/60 — 
Intra-Community trade in deep-frozen semen of domestic animals of the bovine species — 
Semen from a bull which, before its admission to an approved semen collection centre, 
belonged to a herd which was not officially brucellosis free — Excluded 
(Council Directives No 88/407, Art. 3(b) and Annex B, and No 93/60) 
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SUMMARY — CASE C-301/98 
Article 3(b) of Directive 88/407 laying 
down the animal health requirements 
applicable to intra-Community trade in 
and imports of deep-frozen semen of 
domestic animals of the bovine species, 
read in conjunction with paragraph 1(b) of 
Chapter I of Annex B to that directive, in 
its original version and as amended by 
Directive 93/60, amending Directive 
88/407 and extending it to cover fresh 
bovine semen, must be interpreted as 
meaning that semen from a bull which, 
before its admission to an approved semen 
collection centre, belonged to a herd which 
was not officially brucellosis free is pre­
cluded from intra-Community trade, if only 
on account of the change in the health 
status of the herd in the period during 
which the animal was kept in that herd. 
(see para. 30 and operative part) 
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