Judgment of the Court (Third Chamber) of 10 March 2005 in Joined Cases C-96/03 and C-97/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): A. Tempelman v Directeur van de Rijksdienst voor de keuring van Vee en Vlees (Agriculture — Control of foot-and-mouth disease — Protective measures adopted in addition to the measures provided for in Directive 85/511/EEC — Powers of the Member States)
Date: 2005-05-14
Institutions: Court of Justice
Subjects: EU law - national law, animal disease, interpretation of the law, slaughter of animals

14.5.2005

EN

Official Journal of the European Union

C 115/3

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

90/423/EEC of 26 June 1990, in particular the power to order the
slaughter of animals belonging to a holding adjacent to or within a
specific radius of a holding containing infected animals.

(1) OJ C 83 of 05.04.2003.

Such measures must be adopted in compliance with the objectives
pursued by the Community rules in force and, more particularly,
Directive 85/511, as amended by Directive 90/423, the general
principles of Community law, such as the principle of proportionality,
and the obligation to communicate laid down in Article 10(1) of
Directive 90/425.

JUDGMENT OF THE COURT

(1) OJ C 146 of 21.06.2003.

(Third Chamber)

of 10 March 2005

in Joined Cases C-96/03 and C-97/03 (reference for a preli-
minary ruling from the College van Beroep voor het
bedrijfsleven): A. Tempelman v Directeur van de Rijks-
dienst voor de keuring van Vee en Vlees (1)

(Agriculture — Control of foot-and-mouth disease — Protec-
tive measures adopted in addition to the measures provided
for in Directive 85/511/EEC — Powers of the Member
States)

(2005/C 115/05)

(Language of the case: Dutch)

In Joined Cases C-96/03 and C-97/03: reference for a preli-
minary ruling under Article 234 EC from the College van
Beroep voor het bedrijfsleven (Netherlands), made by decision
of 7 January 2003, received at the Court on 4 March 2003, in
the proceedings pending before
court between A.
Tempelman (C-96/03), Mr and Mrs T.H.J.M. van Schaijk (C-97/
03) and Directeur van de Rijksdienst voor de keuring van Vee
en Vlees — the Court (Third Chamber), composed of A. Rosas
(Rapporteur), President of the Chamber, A. Borg Barthet, J.-P.
Puissochet, J. Malenovský and U. Lõhmus, Judges; M. Poiares
Maduro, Advocate General, M. Múgica Arzamendi, Principal
Administrator, for the Registrar, gave a judgment on 10 March
2005, the operative part of which is as follows:

that

Since foot-and-mouth disease is a disease which constitutes a serious
hazard for animals, Article 10(1) 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 confers
on Member States the power to adopt measures to control the disease
in addition to those provided for in Council Directive 85/511/EEC of
18 November 1985 introducing Community measures for the control
foot-and-mouth disease, as amended by Council Directive
of

JUDGMENT OF THE COURT

(First Chamber)

of 17 February 2005

in Case C-215/03 (reference for a preliminary ruling from
the Rechtbank te 's-Gravenhage): Salah Oulane v Minister
voor Vreemdelingenzaken en Integratie (1)

(Free movement of persons — Right of entry and residence
for nationals of Member States — Requirement to present an
identity card or a passport — Pre-condition for recognition of
right of residence — Penalty — Detention order for the
purpose of deportation)

(2005/C 115/06)

(Language of the case: Dutch)

In Case C-215/03: reference for a preliminary ruling under
Article 234 EC from the Rechtbank te 's-Gravenhage (Nether-
lands), made by decision of 12 May 2003, received at the
Court on 19 May 2003, in the proceedings pending before that
court between Salah Oulane and Minister voor Vreemdelingen-
zaken en Integratie — the Court (First Chamber), composed of
P.
J.N. Cunha
Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; P. Leger,
Advocate General, M. F. Contet, Principal Administrator, for
the Registrar, gave a judgment on 17 February 2005, the
operative part of which is as follows:

Jann, President of the Chamber, N. Colneric,

1. The

third paragraph of Article 4(2) of Council Directive
73/148/EEC of 21 May 1973 on the abolition of restrictions on
movement and residence within the Community for nationals of