Opinion of the Advocate General — ECLI:EU:C:2003:120
Date: 2003-02-27
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 
1. Agriculture — Approximation of laws on health policy — Financing of health 
inspections and controls of fresh meat — Directive 85/73 — Fee levels — Reduction 
of amounts in connection with cutting operations in the establishment where the meat 
is obtained — Cutting plant and slaughterhouse situated in the same place but 
belonging to different persons — Included 
(Council Directive 85/73, Annex A, Chapter I, point 2, second indent) 
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SUMMARY — CASE C-423/01 
2. Agriculture — Approximation of laws on health policy — Financing of health 
inspections and controls of fresh meat — Directive 85/73 — Fee levels — Reduction 
of amounts in connection with cutting operations in the establishment where the meat 
is obtained — Criteria 
(Council Directive 85/73, Annex A, Chapter I, point 2, second indent) 
1. The second paragraph of Annex A, 
Chapter I, point 2, to Directive 85/73 
on the financing of veterinary inspec­
tions and controls covered by Direc­
tives 89/662, 90/425, 90/675 and 
91/496, as amended and consolidated 
by Directive 96/43, must be interpreted 
as meaning that the reduction it lays 
down of the amounts of the fees 
payable in respect of the health con­
trols and inspections connected with 
cutting operations applies also where 
the cutting plant and the establishment 
where the meat is obtained, which are 
situated in the same place, belong to 
two different natural or legal persons. 
(see para. 25, operative part 1) 
2. The extent of the reduction to be 
granted under the second paragraph 
of Annex A, Chapter I, point 2, to 
Directive 85/73 on the financing of 
veterinary inspections and controls 
covered by Directives 89/662, 90/425, 
90/675 and 91/496, as amended and 
consolidated by Directive 96/43, dep­
ends on the savings made as regards the 
salary and social security costs of the 
inspection staff and the administrative 
costs incurred in carrying out the con­
trols and inspections as a result of the 
fact that the cutting operations take 
place in the establishment where the 
meat is obtained. 
(see para. 32, operative part 2) 
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