Judgment of the Court of 5 December 2000 in Case C-477/98 (reference for a preliminary ruling from the Court of Appeal in Northern Ireland): Eurostock Meat Marketing Ltd v Department of Agriculture for Northern Ireland (Agriculture — Animal health — National emergency measures against bovine spongiform encephalopathy — Specified risk material)
Date: 2001-03-10
Institutions: Court of Justice
Subjects: animal disease, cattle, health risk, interpretation of the law, offal, veterinary legislation

10.3.2001

EN

Official Journal of the European Communities

C 79/5

failing to communicate to the Commission the laws, regu-
lations and administrative provisions necessary to comply with
Directive 97/51/EC of the European Parliament and of the
Council of 6 October 1997 amending Council Directives
90/387/EEC and 92/44/EEC for the purpose of adaptation to
a competitive environment in telecommunications (OJ 1997
L 295, p. 23), the Italian Republic has failed to fulfil
its
obligations under that directive — the Court (Third Chamber),
composed of: C. Gulmann (Rapporteur), President of the
Chamber, J.-P. Puissochet and F. Macken, Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 30 November 2000, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Directive 97/51/EC of the European Parliament
and of the Council of 6 October 1997 amending Council
Directives 90/387/EEC and 92/44/EEC for the purpose of
adaptation to a competitive environment in telecommunications,
the Italian Republic has failed to fulfil its obligations under
that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 20 of 22.1.2000.

JUDGMENT OF THE COURT

of 5 December 2000

in Case C-448/98 (reference for a preliminary ruling
from the Tribunal de Police, Belley, France): criminal
proceedings against Jean-Pierre Guimont (1)

(Measures having equivalent effect to a quantitative restric-
tion — Purely internal situation — Manufacture and
marketing of Emmenthal cheese without rind)

(2001/C 79/08)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-448/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal de
Police (Local Criminal Court), Belley, (France) for a preliminary
ruling in the criminal proceedings before that court against
Jean-Pierre Guimont — on the interpretation of Articles 3(a)
and 30 et seq. of the EC Treaty (now, after amendment,
Articles 3(1)(a) EC and 28 EC et seq.) — the Court, composed
of: G.C. Rodrı´guez Iglesias, President, C. Gulmann (Rappor-
teur), M. Wathelet and V. Skouris (Presidents of Chambers),

J.-P. Puissochet, P.

D.A.O. Edward,
Jann, L. Sevo´ n and
R. Schintgen, Judges; A. Saggio, Advocate General; H. von
Holstein, Deputy Registrar, for the Registrar, has given a
judgment on 5 December 2000, in which it has ruled:

Article 30 of the EC Treaty (now, after amendment, Article 28 EC)
precludes a Member State from applying to products imported from
another Member State, where they are lawfully produced and
marketed, a national rule prohibiting the marketing of a cheese
without rind under the designation ‘Emmenthal’ in that Member
State.

(1) OJ C 33 of 6.2.1999.

JUDGMENT OF THE COURT

of 5 December 2000

in Case C-477/98 (reference for a preliminary ruling from
the Court of Appeal in Northern Ireland): Eurostock Meat
Marketing Ltd v Department of Agriculture for Northern
Ireland (1)

(Agriculture — Animal health — National emergency
measures against bovine spongiform encephalopathy —
Specified risk material)

(2001/C 79/09)

(Language of the case: English)

In Case C-477/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Court of Appeal
in Northern Ireland (United Kingdom)
for a preliminary
ruling in the proceedings pending before that court between
Eurostock Meat Marketing Ltd and Department of Agriculture
for Northern Ireland — on the interpretation of Article 9
of Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checks in intra-Community trade with a
view to the completion of the internal market (OJ 1989 L 395,
p. 13), Commission Decision 97/534/EC of 30 July 1997 on
the prohibition of the use of material presenting risks as
regards transmissible spongiform encephalopathies (OJ 1997
L 216, p. 95) and Article 36 of the EC Treaty (now, after
amendment, Article 30 EC) — the Court, composed of:
G.C. Rodrı´guez Iglesias, President, C. Gulmann, A. La Pergola,
M. Wathelet and V. Skouris
(Presidents of Chambers),
D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´ n (Rapporteur),
Judges; S. Alber, Advocate
R. Schintgen and F. Macken,
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 5 December 2000, in which it has ruled:

C 79/6

EN

Official Journal of the European Communities

10.3.2001

A Member State may prohibit imports of bovine heads containing
material presenting risks as regards bovine spongiform encephalopa-
thy, by way of an interim protective measure within the meaning of
the fourth subparagraph of Article 9(1) of Council Directive
89/662/EEC of 11 December 1989 concerning veterinary checks in
intra-Community trade with a view to the completion of the internal
market, where the Commission has adopted, pursuant to Article 9(4)
of that directive, a decision such as Commission Decision 97/534/EC
of 30 July 1997 on the prohibition of the use of material presenting
risks as regards transmissible spongiform encephalopathies, requiring
the removal of, and prohibiting the use of, such material but where
the date on which the measures laid down by that decision are to
become applicable has been postponed.

(1) OJ C 71 of 13.3.1999.

and Vingrau, France, contrary to Article 6(2) to (4) of Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7), the French Republic has failed to fulfil its obligations
under the EC Treaty — the Court (Sixth Chamber), composed
of: C. Gulmann (Rapporteur), President of the Sixth Chamber,
V. Skouris and R. Schintgen,
Judges; S. Alber, Advocate
General; D. Louterman-Hubeau, Principal Administrator, for
the Registrar, has given a judgment on 7 December 2000, in
which it:

1. Declares that, by not classifying any part of the Basses Corbières
site as a special protection area and by not adopting special
conservation measures for that site sufficient in their geographi-
cal extent, the French Republic has failed to fulfil its obligations
under Article 4(1) of Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds;

2. Dismisses the remainder of the application;

3. Orders the parties to bear their own costs.

JUDGMENT OF THE COURT

(1) OJ C 378 of 5.12.1998.

(Sixth Chamber)

of 7 December 2000

in Case C-374/98: Commission of the European Communi-
ties v French Republic (1)

JUDGMENT OF THE COURT

(Failure of Member State to fulfil its obligations — Direc-
tives 79/409/EEC and 92/43/EEC — Conservation of wild
birds — Special protection areas)

(Fifth Chamber)

of 7 December 2000

(2001/C 79/10)

in Case C-482/98: Italian Republic v Commission of the
European Communities (1)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-374/98: Commission of the European Communities
(Agents: P. Stancanelli and O. Couvert-Castéra) v French
Republic (Agents: K. Rispal-Bellanger and R. Nadal) — appli-
cation for a declaration, first, that, by failing to classify the
Basses Corbières site, France, as a special protection area for
the conservation of certain species of birds listed in Annex I to
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (OJ 1979 L 103, p. 1) and of certain
migratory species not listed in that Annex, and by also failing
to adopt special conservation measures concerning their
habitat, contrary to Article 4(1) and (2) of that directive, and,
second, that, by failing to take appropriate steps in relation to
the Basses Corbières to avoid disturbance of the species
protected on that site and deterioration of their habitat likely
to have a significant effect, as a result of the opening and
working of limestone quarries in the municipalities of Tautavel

(Action for annulment — Council Directive 92/83/EEC —
Harmonisation of the structures of excise duties on alcohol
and alcoholic beverages — Commission Decision 98/617/EC
of 21 October 1998 denying authority to Italy to refuse the
grant of exemption to certain products exempt from excise
duty under Council Directive 92/83 — Cosmetic products)

(2001/C 79/11)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-482/98: Italian Republic (Agents: Professor U. Lean-
za, assisted by O. Fiumara) v Commission of the European
Communities (Agent: E. Traversa) — application for annulment
of Commission Decision 98/617/EC of 21 October 1998
denying authority to Italy to refuse the grant of exemption to
certain products exempt from excise duty under Council