Judgment of the Court of 12 July 2001 in Case C-189/01 (reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): H. Jippes, Afdeling Groningen van de Nederlandse Vereniging tot Bescherming van Dieren and Afdeling Assen en omstreken van de Nederlandse Vereniging tot Bescherming van Dieren v Minister van Landbouw, Natuurbeheer en Visserĳ (Agriculture — Control of foot-and-mouth disease — Prohibition of vaccination — Principle of proportionality — Taking animal welfare into account)
Date: 2001-10-13
Institutions: Court of Justice
Subjects: foot-and-mouth disease, interpretation of the law, protection of animals, slaughter of animals, vaccine, veterinary legislation

C 289/4

EN

Official Journal of the European Communities

13.10.2001

3. Orders the French Republic to pay the costs of Case C-308/99

JUDGMENT OF THE COURT

P;

4. Orders the Kingdom of Spain to bear its own costs in both

actions.

of 12 July 2001

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 July 2001

in Case C-365/99: Portuguese Republic v Commission of
the European Communities (1)

in Case C-189/01 (reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): H. Jippes,
Afdeling Groningen van de Nederlandse Vereniging tot
Bescherming van Dieren and Afdeling Assen en omstre-
ken van de Nederlandse Vereniging tot Bescherming
van Dieren v Minister van Landbouw, Natuurbeheer en
Visserij (1)

(Agriculture — Control of foot-and-mouth disease — Pro-
hibition of vaccination — Principle of proportionality —
Taking animal welfare into account)

(2001/C 289/07)

(Language of the case: Dutch)

(Agriculture — Animal health — Emergency measures to
combat bovine spongiform encephalopathy — ‘Mad cow’
disease)

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

(2001/C 289/06)

(Language of the case: Portuguese)

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

In Case C-365/99: Portuguese Republic (Agents: L. Fernandes
and M.J. Abecassis, assisted by C. Aguiar, T. Ferreira de
Lima and G. van der Wal) v Commission of the European
Communities — application for annulment of Commission
Decision 99/517/EC of 28 July 1999 amending Decision
98/653/EC concerning emergency measures made necessary
by the occurrence of bovine spongiform encephalopathy in
Portugal (OJ 1999 L 197, p. 45), in so far as it extends until
1 February 2000 the restriction on exports prescribed by
Article 4 of Commission Decision 98/653/EC of 18 November
1998 concerning emergency measures made necessary by the
occurrence of bovine spongiform encephalopathy in Portugal
(Fifth Chamber),
(OJ 1998 L 311, p. 23) — the Court
composed of: A. La Pergola, President of
the Chamber,
M. Wathelet, D.A.O. Edward, L. Sevo´ n (Rapporteur) and S. von
Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
12 July 2001, in which it:

1. Dismisses the action;

2. Orders the Portuguese Republic to bear its own costs.

(1) OJ C 366 of 18.12.1999.

In Case C-189/01: reference to the Court under Article 234
EC from the College van Beroep voor het bedrijfsleven
(Netherlands), for a preliminary ruling in the proceedings
pending before that court between H. Jippes, Afdeling Gronin-
gen van de Nederlandse Vereniging tot Bescherming van
Dieren and Afdeling Assen en omstreken van de Nederlandse
Vereniging tot Bescherming van Dieren and Minister van
Landbouw, Natuurbeheer en Visserij — on the interpretation
of the validity of Article 13 of Council Directive 85/511/EEC
of 18 November 1985 introducing Community measures for
the control of foot-and-mouth disease (OJ 1985 L 315, p. 11),
as amended by Council Directive 90/423/EEC of 26 June 1990
(OJ 1990 L 224, p. 13), and of Commission Decision
2001/246/EC of 27 March 2001 laying down the conditions
for the control and eradication of foot-and-mouth disease in
the Netherlands in application of Article 13 of Directive
85/511/EEC (OJ 2001 L 88, p. 21), as amended by Commission
Decision 2001/279/EC of 5 April 2001 (OJ 2001 L 96, p. 19)
— the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris (Presidents
of Chambers), D.A.O. Edward, P. Jann, L Sevo´ n (Rapporteur),
R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate General;
H.A. Rühl, Principal Administrator, for the Registrar, has given
a judgment on 12 July 2001, in which it has ruled:

1.

2.

Consideration of the first question has not disclosed any factor
of such a kind as to affect the validity of Article 13 of Council
Directive 85/511/EEC of 18 November 1985 introducing
Community measures for the control of foot-and-mouth disease,
as amended by Council Directive 90/423/EEC of 26 June
1990.

Consideration of the second question has not disclosed any
factor of such a kind as to affect the validity of Commission

13.10.2001

EN

Official Journal of the European Communities

C 289/5

Decision 2001/246/EC of 27 March 2001 laying down the
conditions for the control and eradication of foot-and-mouth
disease in the Netherlands in application of Article 13 of
Directive 85/511/EEC, as amended by Commission Decision
2001/279/EC of 5 April 2001.

(1) OJ C 173 of 16.6.2001.

ORDER OF THE COURT

(Sixth Chamber)

of 3 July 2001

in Case C-241/99 (reference for a preliminary ruling from
the Tribunal Superior de Justicia de Galicia): Confedera-
cio´ n Intersindical Galega (CIG) v Servicio Galego de Sau´ de
(Sergas) (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Protection of the health and safety of workers — Directives
89/391/EEC and 93/104/EC — Scope — Primary care
services personnel — Average period of work — Inclusion of
time on call)

(2001/C 289/08)

(Language of the case: Spanish)

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

In Case C-241/99: reference to the Court under Article 234
EC from the Tribunal Superior de Justicia de Galicia (Spain),
for a preliminary ruling in the proceedings pending before that
court between Confederacio´ n Intersindical Galega (CIG) and
Servicio Galego de Safide (Sergas) — on the interpretation of
Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the
safety and health of workers at work (OJ 1989 L 183, p. 1)
and Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organization of working time
(OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given an order on 3 July 2001, the operative
part is as follows:

1) An activity such as that of the medical and nursing staff
providing services for Servicio Galego de Sau´ de in the on-call
service, in primary care teams and in other services which treat
outside emergencies in the area of the Autonomous Community
of Galicia fall within the scope of Council Directive 93/104/EC
of 23 November 1993 concerning certain aspects of
the
organization of working time.

2) An activity such as that of the medical and nursing staff
providing services for Servicio Galego de Sau´ de in the on-call
service, in primary care teams and in other services which treat

outside emergencies in the area of the Autonomous Community
of Galicia does not come within the scope of the exception
or exclusions laid down in Article 2 of Council Directive
89/391/EEC of 12 June 1989 on the introduction of measures
to encourage improvements in the safety and health of workers
at work. However, such an activity may come under the
derogations provided for in Article 17 of Directive 93/104, in
so far as the conditions set out in that provision are fulfilled.

3)

Time spent on call, when their physical presence is required, by
the medical and nursing staff providing services for Servicio
Galego de Sau´ de in the on-call service, in primary care teams
and in other services which treat outside emergencies in the area
of the Autonomous Community of Galicia must be regarded in
its entirety as working time, and where appropriate as overtime,
within the meaning of Directive 93/104.

(1) OJ C 246 of 28.8.1999.

ORDER OF THE COURT

(First Chamber)

of 12 July 2001

in Case C-256/99 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s
Bench Division (Crown Office)): The Queen v Secretary
of State for the Home Department (1)

(Article 104(3) of the Rules of Procedure — Question
identical to a question on which the Court has already ruled)

(2001/C 289/09)

(Language of the case: English)

In Case C-256/99: reference to the Court under Article 234
EC from the High Court of Justice of England and Wales,
Queen’s Bench Division (Crown Office) for a preliminary
ruling in the proceedings pending before that court between
The Queen and Secretary of State for the Home Department,
ex parte Cheung Chiu Hung, intervener: Justice — on the
interpretation of Articles 8 and 8a of the EC Treaty (now, after
amendment, Articles 17 EC and 18 EC), of the Declaration by
the Government of the United Kingdom of Great Britain and
Northern Ireland on the definition of the term ‘nationals’,
the Treaty concerning the
annexed to the Final Act of
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland to the European