CELEX: C2005/229/08
Language: en
Date: 2005-09-17 00:00:00
Title: Case C-206/05: Action brought on 11 May 2005 by Commission of the European Communities against the Kingdom of Sweden

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/4
            
         Action brought on 11 May 2005 by Commission of the European Communities against the Kingdom of Sweden
   (Case C-206/05)
   (2005/C 229/08)
   Language of the case: Swedish
   An action against the Kingdom of Sweden was brought before the Court of Justice of the European Communities on 11 May 2005 by the Commission of the European Communities, represented by Friedrich Erlbacher and Knut Simonsson, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               first, declare that, by laying down in its national legislation a requirement that a stallion be assessed in Sweden for stud purposes before being used to breed with mares other than those of the stallion's owner, Sweden has failed to fulfil its obligations under Article 3 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae;
               second, declare that, by laying down in its national legislation a requirement that a stallion must be assessed in Sweden for stud purposes before being used to breed with mares other than those of the stallion's owner, Sweden has failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               order the Kingdom of Sweden to pay the costs.
            
         Pleas in law and main arguments
   The Commission considers that, by laying down in its national legislation a requirement that a stallion be assessed in Sweden for stud purposes before it may be used for breeding with mares other than those of the stallion's owner, the Kingdom of Sweden is restricting trade in horses within the Community.
   The fact that in Directive 90/427/EEC, or in any decision adopted on the basis of the directive, methods for assessment for stud purposes are not established does not mean that a Member State is entitled to lay down such a requirement. Moreover, the Swedish requirement for such an assessment is not justified by Article 30 EC in the interest of protecting the health and life of animals. The Commission submits that the Kingdom of Sweden's requirement for an assessment seems to be more in order to improve the characteristics of current breeds than to protect the health and life of horses.