Judgment of the Court (Fifth Chamber) of 3 July 2003 in Case C-220/01 (Reference for a preliminary ruling from the High Court of Justice (England & Wales) Queen's Bench Division Commercial Court): Joseph Lennox, trading as "R. Lennox & Son", v Industria Lavorazione Carni Ovine (Agriculture — Animal health — Importation of ovine animals — Health certificate — National safeguard measures against Transmissible Spongiform Encephalopathy)
Date: 2003-09-06
Institutions: Court of Justice
Subjects: health certificate, interpretation of the law, intra-EU trade, sheep

C 213/2

EN

Official Journal of the European Union

6.9.2003

Bench Division (Commercial Court) (United Kingdom), for a
preliminary ruling in the proceedings pending before that
court between Joseph Lennox, trading as ‘R. Lennox & Son’,
and Industria Lavorazione Carni Ovine, on the interpretation
of Article 9 of Council Directive 91/68/EEC of 28 January
1991 on animal health conditions governing intra-Community
trade in ovine and caprine animals (OJ 1991 L 46, p. 19) and
the Court (Fifth
of various other Community provisions,
Chamber), composed of: D.A.O. Edward, acting for the
President of the Fifth Chamber, A. La Pergola, P. Jann, S. von
Bahr and A. Rosas (Rapporteur), Judges; S. Alber, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 3 July 2003, in which it has
ruled:

1. A Member State cannot prevent

the importation of sheep
intended for slaughter when they arrive on its territory solely on
the ground that they are accompanied by a Model II health
certificate established by Annex E to Council Directive 91/68/
EEC of 28 January 1991 on animal health conditions
governing intra-Community trade in ovine and caprine animals,
which is provided for trade between Member States in ovine
and caprine animals intended for fattening.

2. At the time of the facts in the main proceedings, Community
law, and more particularly Directive 91/68 and Article 10 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, did not preclude a
Member State from imposing a requirement under national
law such as Italian Order No 600.3/VET/340/2/8920 of
24 December 1996, as clarified by Explanatory Memorandum
No 600.3/340/2/73 of 3 January 1997, that, when bovine
and ovine animals originating in France, Ireland, Portugal or
the United Kingdom were imported for slaughter, breeding or
fattening, the health certificate accompanying those animals
state that they had been born and raised on a farm in which no
case of Transmissible Spongiform Encephalopathy had been
registered during the previous six years.

(1) OJ C 200 of 14.7.2001.

lands (Agent: M.A. Fierstra, and, subsequently, J. van Bakel)
European Parliament (Agents: J. Schoo and H. Duintjer Teb-
bens) and by Council of the European Union (Agents: J. Aus-
sant F. van Craeyenest and F. Anton) v European Investment
Bank (Agents: A. Morbilli, and, subsequently, E. Uhlmann,
assisted by A. Barav): Application for annulment of the
Decision of the Management Committee of the European
Investment Bank of 10 November 1999 concerning cooper-
ation with the European Anti-Fraud Office (OLAF), the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-
chet, M. Wathelet and R. Schintgen (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur),
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and
A. Rosas, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 10 July 2003, in which it:

1. Annuls the Decision of the Management Committee of the
European Investment Bank of 10 November 1999 concerning
cooperation with the European Anti-Fraud Office (OLAF);

2. Orders the European Investment Bank to pay the costs;

3. Orders the Kingdom of the Netherlands, the European Parlia-
ment and the Council of the European Union to bear their own
costs.

( 1) OJ C 122 of 29.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 3 July 2003

in Case C-220/01 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales) Queen’s
Bench Division Commercial Court): Joseph Lennox, trad-
ing as ‘R. Lennox & Son’, v Industria Lavorazione Carni
Ovine (1)

(Agriculture — Animal health — Importation of ovine
animals — Health certificate — National
safeguard
measures against Transmissible Spongiform Encephalopa-
thy)

(2003/C 213/03)

(Language of the case: English)

In Case C-220/01: Reference to the Court under Article 234 EC
by the High Court of Justice of England and Wales, Queen’s