Judgment of the Court (Fifth Chamber) 8 January 2002 in Case C-428/99 (Reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): H. van den Bor BV v Voedselvoorzieningsin- en verkoopbureau (Agriculture — Combating bovine spongiform encephalopathy — Powers of the Member States — Compensation for farmers following the slaughter of United Kingdom calves ordered during the bovine spongiform encephalopathy crisis in March 1996)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: animal disease, calf, interpretation of the law, slaughter of animals, slaughter premium, veterinary legislation

C 84/12

EN

Official Journal of the European Communities

6.4.2002

1. Declares that, by not adopting within the prescribed period the
laws, regulations and administrative provisions necessary to
comply with the second sentence of Article 6(2) of Council
Directive 89/105/EEC of 21 December 1988 relating to the
transparency of measures regulating the prices of medicinal
products for human use and their inclusion in the scope of
national health insurance systems, the Republic of Austria has
failed to fulfil its obligations under that article;

market in Belgium, France and the Netherlands (OJ 1996 L 99,
p. 16), as amended by Commission Regulation (EC) No 841/96
of 7 May 1996 (OJ 1996 L 114, p. 18),the Court (Fifth
Chamber), composed of: P. Jann, President of the Chamber,
D.A.O. Edward, A. La Pergola, L. Sevo´ n (Rapporteur) and
M. Wathelet, Judges, Advocate General: F.G. Jacobs, Registrar:
H.A. Rühl, Principal Administrator, has given a judgment on
8 January 2002, in which it has ruled:

2. Dismisses the remainder of the application;

3. Orders the parties to bear their own costs.

1.

(1) OJ C 6 of 8.1.2000.

The Community provisions applicable to the common agricul-
tural policy in the beef and veal sector are to be interpreted as
meaning that, in response to information concerning a possible
link between bovine spongiform encephalopathy and Creutz-
feldt-Jakob disease in humans and to the bovine spongiform
encephalopathy crisis in the United Kingdom, the Member
States were entitled, under Article 8(1)(a) of Council Directive
90/425/EEC of 26 June 1990 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, as amended by Council Directive
92/118/EEC of 17 December 1992 laying down animal
health and public health requirements governing trade in and
imports into the Community of products not subject to the said
requirements laid down in specific Community rules referred to
in Annex A (I) to Directive 89/662/EEC and, as regards
pathogens, to Directive 90/425:

— to order the slaughter of young bovine animals originating

from the United Kingdom present in their territory and,

— since there could be serious grounds for believing that, in
the absence of fair compensation, farmers might conceal
the origin of animals in their possession in order to avoid
their slaughter and the resulting financial loss, to adopt a
compensation measure ancillary to the measure requiring
slaughter of the animals.

2.

Even though the Member States had the power to adopt
compensation measures under Article 8(1)(a) of Directive
90/425, as amended by Directive 92/118, Community law,
in particular Commission Regulation (EC) No 717/96 of
19 April 1996 adopting exceptional support measures for the
beef and veal market in Belgium, France and the Netherlands,
as amended by Commission Regulation (EC) No 841/96 of
7 May 1996, precluded the amount of compensation to farmers
from being determined by national provisions from the date
upon which that regulation became applicable.

(1) OJ C 20 of 22.1.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

8 January 2002

in Case C-428/99 (Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): H. van den
Bor BV v Voedselvoorzieningsin- en verkoopbureau (1)

(Agriculture — Combating bovine spongiform encephalo-
pathy — Powers of the Member States — Compensation for
farmers following the slaughter of United Kingdom calves
ordered during the bovine spongiform encephalopathy crisis
in March 1996)

(2002/C 84/20)

(Language of the case: Dutch)

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

In Case C-428/99: reference to the Court under Article 234
EC by the College van Beroep voor het bedrijfsleven (Nether-
lands) for a preliminary ruling in the proceedings pending
before that court between H. van den Bor BV and Voedsel-
the
voorzieningsin- en verkoopbureau on the power of
Member States to compensate cattle farmers and determine
the amount of compensation due following the slaughter of
United Kingdom calves ordered during the bovine spongiform
encephalopathy crisis in March 1996 and on the interpretation
of Commission Regulation (EC) No 717/96 of 19 April 1996
adopting exceptional support measures for the beef and veal