Keywords

Summary



Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ARTICLE 177 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - IMPORTATION OF GOODS - VETERINARY AND PUBLIC HEALTH INSPECTIONS - PROHIBITION

( EEC TREATY , ARTICLE 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - IMPORTATION OF ANIMALS AND MEAT INTENDED FOR HUMAN CONSUMPTION - VETERINARY AND PUBLIC HEALTH INSPECTION - PROHIBITION - ENTRY INTO FORCE

( REGULATION NO 14/64 , ARTICLE 12 , REGULATION NO 805/68 , ARTICLE 22 )

4 . FREE MOVEMENT OF GOODS - RESTRICTIONS - PROHIBITION - DEROGATION - OBJECT

( EEC TREATY , ARTICLE 36 )

5 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - IMPORTATION OF ANIMALS AND MEAT INTENDED FOR HUMAN CONSUMPTION - VETERINARY AND PUBLIC HEALTH INSPECTIONS - - PROHIBITION - DEROGATION - DURATION - CONDITIONS WITH REGARD TO HEALTH - FULFILMENT - VERIFICATION - OCCASIONAL VETERINARY AND PUBLIC HEALTH INSPECTIONS - PERMISSIBILITY - JURISDICTION OF NATIONAL COURTS

( EEC TREATY , ARTICLES 30 AND 36 ; COUNCIL DIRECTIVES NOS 64/432 AND 64/433 )

6 . CUSTOMS DUTIES - ELIMINATION - CHARGES HAVING EQUIVALENT EFFECT - CONCEPT - PRODUCTS - CROSSING THE FRONTIER - VETERINARY AND PUBLIC HEALTH INSPECTION - FEE

( EEC TREATY , ARTICLE 9 )

7 . INTERNAL TAXATION - DOMESTIC AND IMPORTED PRODUCTS - VETERINARY AND PUBLIC HEALTH INSPECTIONS CARRIED OUT WITHIN MEMBER STATES - FEES - DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 95 )

Summary

1 . ARTICLE 177 OF THE EEC TREATY IS BASED ON A DISTINCT SEPARATION OF FUNCTIONS BETWEEN NATIONAL COURTS AND TRIBUNALS ON THE ONE HAND AND THE COURT OF JUSTICE ON THE OTHER HAND AND IT DOES NOT GIVE THE COURT JURISDICTION TO TAKE COGNIZANCE OF THE FACTS OF THE CASE OR TO CRITICIZE THE REASONS FOR THE REFERENCE . THE COURT IS ENTITLED TO PRONOUNCE ON THE INTERPRETATION OF THE TREATY AND OF ACTS OF THE INSTITUTIONS BUT CANNOT APPLY THEM TO THE CASE IN QUESTION SINCE SUCH APPLICATION FALLS WITHIN THE JURISDICTION OF THE NATIONAL COURT .

2 . VETERINARY AND PUBLIC HEALTH INSPECTIONS AT THE FRONTIER , WHETHER CARRIED OUT SYSTEMATICALLY OR NOT , ON THE OCCASION OF THE IMPORTATION OF GOODS CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY , WHICH ARE PROHIBITED BY THAT PROVISION , SUBJECT TO THE EXCEPTIONS LAID DOWN BY COMMUNITY LAW AND IN PARTICULAR BY ARTICLE 36 OF THE TREATY .

3 . AS FAR AS CONCERNS THE PRODUCTS REFERRED TO IN REGULATION NOS 14/64 AND 805/68 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL THE PROHIBITION OF VETERINARY AND PUBLIC HEALTH INSPECTIONS , SUBJECT TO THE EXCEPTIONS LAID DOWN BY COMMUNITY LAW , TOOK EFFECT ON THE DATE WHEN THE SAID REGULATIONS ENTERED INTO FORCE .

4 . ARTICLE 36 OF THE EEC TREATY IS NOT DESIGNED TO RESERVE CERTAIN MATTERS FOR THE EXCLUSIVE JURISDICTION OF MEMBER STATES BUT PERMITS NATIONAL LAWS TO DEROGATE FROM THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS TO THE EXTENT TO WHICH SUCH DEROGATION IS AND CONTINUES TO BE JUSTIFIED FOR THE ATTAINMENT OF THE OBJECTIVES REFERRED TO IN THAT ARTICLE .

5 . ALTHOUGH SYSTEMATIC VETERINARY AND PUBLIC HEALTH INSPECTIONS AT THE FRONTIER OF THE PRODUCTS MENTIONED IN DIRECTIVES NOS 64/432 AND 64/433 ARE NO LONGER NECESSARY OR , CONSEQUENTLY , JUSTIFIED UNDER ARTICLE 36 AS FROM THE LATEST DATES SPECIFIED IN THE DIRECTIVES FOR THE ENTRY INTO FORCE OF THE NATIONAL PROVISIONS WHICH ARE NECESSARY IN ORDER TO COMPLY WITH THE SAID DIRECTIVES AND ALTHOUGH , IN PRINCIPLE , A MERE EXAMINATION OF THE DOCUMENTS ( HEALTH CERTIFICATES ) WHICH ARE REQUIRED TO ACCOMPANY THE PRODUCTS SHOULD DISCLOSE WHETHER THE CONDITIONS WITH REGARD TO HEALTH HAVE BEEN FULFILLED , OCCASIONAL VETERINARY OR PUBLIC HEALTH INSPECTIONS ARE NOT RULED OUT , PROVIDED THAT THEY ARE NOT INCREASED TO SUCH AN EXTENT AS TO CONSTITUTE A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES . IT IS FOR THE NATIONAL COURTS , BEFORE WHICH SUCH CASES MAY BE BROUGHT , TO DETERMINE , IN THE EVENT OF A DISPUTE , WHETHER THE PROCEDURES ADOPTED FOR THE INSPECTIONS , ON WHICH THEY ARE ASKED TO GIVE A RULING , ARE INCOMPATIBLE WITH THE REQUIREMENTS OF ARTICLE 36 .

6 . PECUNIARY CHARGES IMPOSED BY REASON OF VETERINARY OR PUBLIC HEALTH INSPECTIONS OF PRODUCTS ON THE OCCASION OF THEIR CROSSING THE FRONTIER ARE TO BE REGARDED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .

7 . CHARGES IMPOSED BY THE VARIOUS PUBLIC AUTHORITIES ON THE OCCASION OF VETERINARY AND PUBLIC HEALTH INSPECTIONS CARRIED OUT WITHIN MEMBER STATES ON BOTH DOMESTIC AND IMPORTED PRODUCTS CONSTITUTE INTERNAL TAXATION TO WHICH THE PROHIBITION OF DISCRIMINATION IN ARTICLE 95 OF THE TREATY APPLIES .