Judgment of the Court (Fifth Chamber) 8 January 2002 in Case C-507/99 (Reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): Denkavit Nederland BV v Minister van Landbouw, Natuurbeheer en Visserĳ, Voedselvoorzieningsin- en verkoopbureau (Agriculture — Combating bovine spongiform encephalopathy — Powers of the Member States — Decision to slaughter and determination of the timing of slaughter of United Kingdom calves during the bovine spongiform encephalopathy crisis in March 1996)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: United Kingdom, beef, calf, common organisation of markets, interpretation of the law, slaughter of animals

6.4.2002

EN

Official Journal of the European Communities

C 84/17

JUDGMENT OF THE COURT

(Fifth Chamber)

8 January 2002

in Case C-507/99 (Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): Denkavit
Nederland BV v Minister van Landbouw, Natuurbeheer
en Visserij, Voedselvoorzieningsin- en verkoopbureau (1)

(Agriculture — Combating bovine spongiform encephalo-
pathy — Powers of the Member States — Decision to
slaughter and determination of the timing of slaughter
of United Kingdom calves during the bovine spongiform
encephalopathy crisis in March 1996)

(2002/C 84/26)

(Language of the case: Dutch)

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

bovine spongiform encephalopathy and Creutzfeldt-Jakob disease in
humans and to the bovine spongiform encephalopathy crisis in
the Member States were entitled, under
the United Kingdom,
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
to Directive
Directive 89/662/EEC and, as regards pathogens,
90/425:

— to order the slaughter of young bovine animals originating from

the United Kingdom present in their territory and

— consequently, to determine when their slaughter took place.

(1) OJ C 79 of 18.3.2000

JUDGMENT OF THE COURT

(Fifth Chamber)

7 February 2002

In Case C-507/99: reference to the Court under Article 234 EC
by the College van Beroep voor het bedrijfsleven (Netherlands)
for a preliminary ruling in the proceedings pending before that
court between Denkavit Nederland BV and Minister van
Landbouw, Natuurbeheer en Visserij, Voedselvoorzieningsin-
en verkoopbureau, on the power of the Member States to
order the slaughter of United Kingdom calves and determine
its timing during the bovine spongiform encephalopathy crisis
of March 1996 and on the interpretation of Article 8 of
Council Directive 90/425/EEC of 26 June 1990 concerning
veterinary and zootechnical checks applicable in intra-Com-
munity trade in certain live animals and products with a view
to the completion of the internal market (OJ 1990 L 224,
p. 29), 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 (OJ 1993 L 62, p. 49), 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:

The Community provisions applicable to the common agricultural
policy in the beef and veal sector are to be interpreted as meaning
that, in response to information concerning a possible link between

in Case C-5/00: Commission of the European Communi-
ties v Federal Republic of Germany(1)

(Failure by a Member State to fulfil its obligations —
Directive 89/391/EEC — Measures to encourage improve-
ments in the safety and health of workers at work —
Articles 9(1)(a) and 10(3)(a) — Employer’s duty to keep
documents containing an assessment of the risks to safety
and health at work)

(2002/C 84/27)

(Language of the case: German)

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

In Case C-5/00, Commission of the European Communities
(Agent: M. Bogensberger) v Federal Republic of Germany
(Agents: W.-D. Plessing and B. Muttelsee-Schön): Application
for a declaration that, by exempting, under Paragraph 6(1) of
the Gesetz über die Durchführung von Maßnahmen des
Arbeitsschutzes zur Verbesserung der Sicherheit und des
Gesundheitsschutzes der Beschäftigten bei der Arbeit (Arbeits-
[Law on the implementation of protective
schutzgesetz)
measures to improve the safety and health of employees at
work (Law on safety and health at work)] of 7 August 1996