Opinion of the Advocate General — ECLI:EU:C:1999:155
Date: 1999-03-18
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Agriculture — Approximation of laws on health policy — Financing of health inspections 
and controls of fresh meat — Directive 85/73 — Fee levels — Whether individuals may 
oppose the collection of fees higher than the levels of the standard amounts — Not 
possible — Condition — Collection of special fees exceeding the level of the standard 
fees — Whether permissible — Condition — Option available to the local authorities 
delegated of collecting a higher amount — Scope 
(Council Directive 85/73, Art. 2(3) and the Annex thereto, as amended by Directive 
93/118) 
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SUMMARY — CASE C-374/97 
Where a Member State has not transposed 
Directive 85/73 on the financing of health 
inspections and controls of fresh meat and 
poultrymeat, as amended by Directive 
93/118, into national law within the period 
prescribed, individuals cannot oppose the 
collection of fees higher than the levels of 
the standard amounts fixed in point 1 of 
Chapter I of the Annex to the Directive, 
where those fees do not exceed the actual 
costs. 
A Member State may exercise the option 
available under point 4(b) of Chapter I of 
the Annex to that Directive of collecting a 
special fee exceeding the level of the 
standard fees fixed in point 1 of Chapter 
I, provided only that the special fee does 
not exceed the actual costs incurred, no 
further condition being imposed. 
In cases where a Member State has dele­
gated to local authorities the collection of 
fees relating to health inspections and 
controls of fresh meat, Article 2(3) of the 
Directive authorises it to collect an amount 
higher than Community fee levels so long 
as it does not exceed the actual costs of 
inspection incurred by the competent local 
authority. 
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