Opinion of the Advocate General — ECLI:EU:C:2005:279
Date: 2005-05-12
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Summary of the Judgment Agriculture – Approximation of laws on animal health – Veterinary checks in intra-Community trade – Directive 89/662 – National legislation maintaining a system of compulsory prior notification for imports of certain food products of animal origin – Not permissible (Council Directive 89/662, Art. 5) A Member State which maintains a system of compulsory prior notification for imports of certain food products of animal origin from other Member States, fails to fulfil its obligations under Article 5 of Directive 89/662 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market. Directive 89/662 set up a system of veterinary checks, which is based on full inspection of the goods in the Member State of dispatch, and which is intended to replace, in principle, inspection in the Member State of destination and must allow for the free movement of the goods concerned in conditions similar to those of an internal market by abolishing checks at internal frontiers of the Community. In that regard, considerations related to the need to protect public health cannot justify additional specific constraints imposed unilaterally by a Member State when the frontier is crossed. In addition, the national legislation in dispute cannot be regarded as consistent with the requirements of Article 5 of that directive. (see paras 51-53, 60, 69, operative part 1)