Opinion of the Advocate General — ECLI:EU:C:2004:766
Date: 2004-12-02
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture – Approximation of laws – Control of foot-and-mouth disease – Directive 85/511 – Additional national measures to control the disease based on Directive 90/425 – Whether permissible – Conditions (Council Directives 85/511, as amended by Directive 90/423, and 90/425, Art. 10(1)) Since foot-and-mouth disease is a disease which constitutes a serious hazard for animals, Article 10(1) of Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market confers on Member States the power to adopt measures to control the disease in addition to those provided for in Directive 85/511 introducing Community measures for the control of foot-and-mouth disease, as amended by Directive 90/423. Member States have, in particular, the power to order the slaughter of animals belonging to a holding adjacent to or within a specific radius of a holding containing infected animals. Such measures must however be adopted in compliance with the objectives pursued by the Community rules in force and, more particularly, Directive 85/511, as amended by Directive 90/423, the general principles of Community law, such as the principle of proportionality, and the obligation to communicate laid down in Article 10(1) of Directive 90/425. (see para. 52, operative part)