CELEX: C2003/171/08
Language: en
Date: 2003-07-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 May 2003 in Case C-393/01: French Republic v Commission of the European Communities (Agriculture — Animal health — Emergency measures to combat bovine spongiform encephalopathy — "Mad cow" disease — Decision to lift the ban on bovine products originating in Portugal)

19.7.2003                EN                          Official Journal of the European Union                                                 C 171/7
                  JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                                (Fifth Chamber)
                           of 22 May 2003                                                                 of 22 May 2003
in Case C-393/01: French Republic v Commission of the                        in Case C-441/01: Commission of the European Communi-
                    European Communities ( 1)                                               ties v Kingdom of the Netherlands (1)
(Agriculture — Animal health — Emergency measures to                         (Failure of a Member State to fulfil obligations — Directive
combat bovine spongiform encephalopathy — ‘Mad cow’                          89/391/EEC — Measures to encourage improvements in the
disease — Decision to lift the ban on bovine products                             safety and health of workers at work — Article 7(3))
                       originating in Portugal)
                                                                                                          (2003/C 171/09)
                           (2003/C 171/08)
                                                                                                    (Language of the case: Dutch)
                     (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                             in the European Court Reports)
                    in the European Court Reports)
                                                                             In Case C-441/01, Commission of the European Communities
In Case C-393/01, French Republic (Agents: R. Abraham and                    (Agents: H. van Vliet and H. Kreppel ) v Kingdom of
G. de Bergues and R. Loosli-Surrans, the by the latter and G. de             the Netherlands (Agent: H. G. Sevenster): Application for a
Bergues and F. Alabrune) v Commission of the European                        declaration that, by authorising employers to choose freely
Communities (Agents: D. Booß and G. Berscheid), supported                    whether to make use of internal or external health and safety
by Portuguese Republic (Agent: L. Fernandes), United Kingdom                 services, the Kingdom of the Netherlands has failed to fulfil its
of Great Britain and Northern Ireland (Agent:J. E. Collins):                 obligations under the EC Treaty and Article 7(3) of Council
Application for annulment of Commission Decision 2001/                       Directive 89/391/EEC of 12 June 1989 on the introduction of
577/EC of 25 July 2001 setting the date on which dispatch                    measures to encourage improvements in the safety and health
from Portugal of bovine products under the Date-Based Export                 of workers at work (OJ 1989 L 183, p. 1), the Court (Fifth
Scheme may commence by virtue of Article 22(2) of Decision                   Chamber), composed of: C. W. A. Timmermans, President of
2001/376/EC (OJ 2001 L 203, p. 27), the Court (Fifth                         the Fourth Chamber, acting for the President of the Fifth
Chamber), composed of: M. Wathelet, President of the Chamb-                  Chamber, A. La Pergola, P. Jann, S. von Bahr and A. Rosas
er, C. W. A. Timmermans, A. La Pergola, S. von Bahr and                      (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
A. Rosas (Rapporteur), Judges; J. Mischo, Advocate General;                  eral; M.-F. Contet, Principal Administrator, for the Registrar,
L. Hewlett, Principal Administrator, for the Registrar, has given            has given a judgment on 22 May 2003, in which it:
a judgment on 22 May 2003, in which it:
                                                                             1.    Declares that, by not reflecting, in its national legislation the
1.    Annuls Commission Decision 2001/577/EC of 25 July 2001                       subsidiary nature of the enlistment by undertakings of external
      setting the date on which dispatch from Portugal of bovine                   competent services to carry out activities related to protection
      products under the Date-Based Export Scheme may commence                     against and prevention of occupational risks within those
      by virtue of Article 22(2) of Decision 2001/376/EC;                          undertakings, the Kingdom of the Netherlands has failed to
                                                                                   fulfil its obligations under Article 7(3) of Council Directive 89/
                                                                                   391/EEC of 12 June 1989 on the introduction of measures to
2.    Orders the Commission to pay the costs;                                      encourage improvements in the safety and health of workers at
                                                                                   work.
3.    Orders the Portuguese Republic and the United Kingdom of
      Great Britain and Northern Ireland to bear their own costs.            2.    Orders the Kingdom of the Netherlands to pay the costs.
( 1) OJ C 348 of 8.12.2001.                                                  (1 ) OJ C 31 of 2.2.2002.