Keywords

Summary



Keywords

1 . PRELIMINARY RULINGS - JURISDICTION OF THE COURT - LIMITS - OBJECTIONS RAISED ON APPEAL AGAINST THE JUDGMENT MAKING THE REFERENCE - CONSIDERATION BY THE COURT - EXCLUSION

( EEC TREATY , ART . 177 )

2.FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH - PUBLIC HEALTH INSPECTIONS ON IMPORTATION - LAWFULNESS - LIMITS - HARMONIZATION OF PUBLIC HEALTH LEGISLATION ON TRADE IN FRESH MEAT AND FRESH POULTRY-MEAT

( EEC TREATY , ART . 36 ; COUNCIL DIRECTIVES 64/433 AND 71/118 )

3.FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH - PUBLIC HEALTH INSPECTIONS ON IMPORTATION - LIMITS - HARMONIZATION OF HEALTH LEGISLATION ON TRADE IN FRESH MEAT AND FRESH POULTRY-MEAT - SCOPE

( COUNCIL DIRECTIVES 64/433 AND 71/118 )

Summary

1 . ARTICLE 177 OF THE EEC TREATY , WHICH IS BASED ON A DIVISION OF TASKS BETWEEN THE NATIONAL COURT AND THE COURT OF JUSTICE AS REGARDS THE APPLICATION OF COMMUNITY LAW , DOES NOT PERMIT THE COURT EITHER TO APPRAISE THE FACTS OF THE CASE OR TO QUESTION THE REASONS WHICH LED TO THE REQUEST FOR INTERPRETATION .

THE QUESTIONS SUBMITTED BY THE NATIONAL COURT MUST THEREFORE BE ANSWERED WITHOUT REGARD TO OBJECTIONS WHICH HAVE LED ONE OF THE PARTIES TO APPEAL AGAINST THE JUDGMENT MAKING THE REFERENCE .

2.THE HARMONIZED SYSTEM OF PUBLIC HEALTH INSPECTIONS , INTRODUCED IN PARTICULAR BY DIRECTIVE 64/433 , HAS AS ITS PURPOSE THE ABOLITION OF BARRIERS TO INTRA-COMMUNITY TRADE IN FRESH MEAT BY THE HARMONIZATION OF PUBLIC HEALTH MEASURES . THAT SYSTEM , WHICH IS BASED ON THE PRINCIPLE THAT THE PUBLIC HEALTH GUARANTEES REQUIRED BY ALL THE MEMBER STATES ARE EQUIVALENT , ACCORDINGLY HAS AS ITS PURPOSE TO TRANSFER SUPERVISION TO THE EXPORTING MEMBER STATE AND TO REPLACE IN THIS WAY THE SYSTEMATIC MEASURES OF PROTECTION AT THE FRONTIER WITH A UNIFORM SYSTEM SO AS TO MAKE MULTIPLE FRONTIER INSPECTIONS UNNECESSARY , WHILST AT THE SAME TIME GIVING THE MEMBER STATE OF DESTINATION THE OPPORTUNITY OF ENSURING THAT THE GUARANTEES PROVIDED BY THE SYSTEM OF INSPECTIONS THUS STANDARDIZED ARE IN FACT GIVEN .

IN THOSE CIRCUMSTANCES , SYSTEMATIC PUBLIC-HEALTH INSPECTIONS AT THE FRONTIER OF THE PRODUCTS REFERRED TO IN THE ABOVE-MENTIONED DIRECTIVE ARE NO LONGER NECESSARY OR , CONSEQUENTLY , JUSTIFIED UNDER ARTICLE 36 OF THE TREATY .

ONLY OCCASIONAL INSPECTIONS ARE PERMISSIBLE , PROVIDED THAT THE NUMBER IS NOT INCREASED TO SUCH AN EXTENT AS TO CONSTITUTE A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES .

THOSE CONSIDERATIONS MUST BE EXTENDED , FOR THE SAME REASONS , TO THE PRODUCTS COVERED BY DIRECTIVE 71/118 ON PROBLEMS AFFECTING TRADE IN FRESH POULTRY-MEAT .

3.IT FOLLOWS FROM THE PROVISIONS OF DIRECTIVES 64/433 AND 71/118 , TAKEN AS A WHOLE , THAT THE PUBLIC HEALTH INSPECTIONS CARRIED OUT IN THE EXPORTING COUNTRY ALSO RELATE TO THE TRANSPORT OF MEAT AND POULTRY AND , CONSEQUENTLY , EXTEND TO THEIR STATE OF PRESERVATION THROUGHOUT TRANSPORTATION , INCLUDING THEREFORE THE TIME AT WHICH A FRONTIER IS CROSSED .

CONSEQUENTLY , A SYSTEMATIC PUBLIC HEALTH INSPECTION ON THE OCCASION OF THE IMPORTATION OF MEAT AND POULTRY , CARRIED OUT IN ORDER TO ASCERTAIN ANY CHANGES IN THEIR CONDITION WHILST IN TRANSIT FROM THE EXPORTING STATE AND THEIR STATE OF PRESERVATION ON ENTERING THE TERRITORY OF THE STATE OF DESTINATION , FALLS WITHIN THE SCOPE OF THE PUBLIC HEALTH INSPECTION CARRIED OUT IN THE EXPORTING COUNTRY IN ACCORDANCE WITH DIRECTIVES 64/433 AND 71/118 .