CELEX: C1997/166/03
Language: en
Date: 1997-05-31 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 15 April 1997 in Case C-105/95 (reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen, Münster): Paul Daut GmbH & Co. KG v. Oberkreisdirektor des Kreises Gütersloh (Mechanically recovered meat - Heat treatment - Health conditions for production and marketing - Intra-Community trade)

No C 166/2            EN                 Official Journal of the European Communities                                     31 . 5 . 97
               JUDGMENT OF THE COURT                                     (3) of the EC Treaty or to the general principles of
                        ( Sixth Chamber)                                 equal treatment and/or proportionality.
                       of 15 April 1997                             (') OJ No C 101 , 22 . 4 . 1995 .
in Case C-27/95 ( reference for a preliminary ruling from
the High Court of Justice ): Woodspring District Council v.
                    Bakers of Nailsea Ltd (')
(Ante-mortem health inspections in slaughterhouses —
Validity — Role of official veterinarians — Charges passed                        JUDGMENT OF THE COURT
                on to slaughterhouse operators)                                             (Fourth Chamber)
                           97/C 166/02 )                                                     of 15 April 1997
                                                                    in Case C-105/95 (reference for a preliminary ruling from
                                                                    the Oberverwaltungsgericht für das Land Nordrhein-West­
                (Language of the case: English)                     falen, Münster): Paul Daut GmbH &c Co. KG v. Ober­
                                                                                kreisdirektor des Kreises Gütersloh (')
                                                                    (Mechanically recovered meat — Heat treatment —
In Case C-27/95 : reference to the Court under Article 177          Health conditions for production and marketing — Intra­
of the EC Treaty from the High Court of Justice ( Bristol                                   Community trade)
Mercantile Court, United Kingdom ), for a preliminary
                                                                                               ( 971C 166/03 )
ruling in the proceedings pending before that court
between Woodspring District Council and Bakers of                                  (Language of the case: German)
Nailsea Ltd — on the validity of Council Directive 64/
433/EEC of 26 June 1964 on health problems affecting
intra-Community trade in fresh meat ( OJ, English Special             (Provisional translation; the definitive translation will be
Edition 1963—1964, p. 185 ), as amended and                                   published in the European Court Reports)
consolidated by Council Directive 91 /497/EEC of 29 July
1991 ( OJ No L 268 , 1991 , p. 69 ), having regard to               In Case C- 105/95 : reference to the Court under Article 177
Articles 39 and 40 ( 3 ) of the EC Treaty and the general           of the EC Treaty from the Oberverwaltungsgericht fur das
principles of proportionality and non-discrimination, —             Land Nordrhein-Westfalen (Higher Administrative Court,
the Court ( Sixth Chamber), composed of: J. L. Murray               North Rhine Westphalia ), Miinster ( Germany), for a
( Rapporteur), President of the Fourth Chamber, acting as           preliminary ruling in the proceedings pending before that
President of the Sixth Chamber, C. N. Kakouris, P. J. G.            court between Paul Daut GmbH & Co . KG and
Kapteyn, G. Hirsch and H. Ragnemalm, Judges; A. La                  Oberkreisdirektor des Kreises Giitersloh — on the
Pergola, Advocate-General; H. von Holstein, Deputy                  interpretation of Council Directive 64/43 3/EEC of 26 June
Registrar, for the Registrar, has given a judgment on               1964 on health problems affecting intra-Community trade
15 April 1997, in which it has ruled:                               in fresh meat ( OJ, English Special Edition 1963—1964,
                                                                    p. 185 ), as amended and consolidated by Council
                                                                    Directive 91 /497/EEC of 29 July 1991 ( OJ No L 268 ,
 1 . A private individual may plead in proceedings before a          1991 , p. 69 ), Council Directive 89/608/EEC of
                                                                    21 November 1989 on mutual assistance between the
     national court an infringement of Articles 39 and 40           administrative authorities of the Member States and
     (3) of the EC Treaty and of the general principles of
     proportionality and non-discrimination in order to             cooperation between the latter and the Commission to
     challenge the validity of an act of the Community              ensure the correct application of legislation on veterinary
     institutions .                                                 and zootechnical matters ( OJ No L 351 , 1989, p. 34 ), and
                                                                    Articles 30 and 36 of the EC Treaty — the Court ( Fourth
                                                                    Chamber), composed of: C. N. Kakouris ( Rapporteur ),
                                                                    acting as President of the Chamber, P. J. G. Kapteyn and
2 . Council Directive 64/433/EEC of 26 June 1964 on                 H. Ragnemalm, Judges; D. Ruiz-Jarabo Colomer,
     health problems affecting intra-Community trade in             Advocate-General; D. Louterman-Hubeau, Principal
     fresh meat, as amended and consolidated by Council             Administrator, for the Registrar, has given a judgment on
     Directive 91 /497/EEC of 29 July 1991 , is not invalid          15 April 1997, in which it has ruled:
     having regard to Articles 39 and 40 (3) of the EC
     Treaty and the general principle of proportionality, in         I. Article 6 (1 ) (c) and (g) of Council Directive 64/433/
     so far as it requires and/or permits Member States to               EEC of 26 June 1964 on health problems affecting
     require health inspections at slaughterhouses to be                 intra-Community trade in fresh meat, as amended and
     carried out by official veterinarians and/or in so far as           consolidated by Council Directive 91 /497/EEC of
     it requires ante-mortem inspections to be carried out.              29 July 1991 , preclude national rules that prohibit the
                                                                         import of mechanically recovered meat which has not
                                                                         been subjected to heat treatment in the Member State
 3 . The obligation under Directive 64/433 for the costs of              of origin but is intended to be subjected to such
     health inspections by official veterinarians to be borne            treatment in an approved establishment in the Member
     by the slaughterhouse at which the animals are to be                State of importation designated by the official
     slaughtered is not contrary either to Articles 39 and 40            veterinarian in the State of origin.
 ---pagebreak--- 31 . 5 . 97            EN                   Official Journal of the European Communities                                  No C 166/3
2 . The competent veterinary authority of the Member                   1 . Article 2 (1 ) and (4) of Commission Regulation (EEC)
      State of origin may, under Council Directive 89/608/                  No 1624/76 of 2 July 1976 concerning special
      EEC of 21 November 1989 on mutual assistance                          arrangements for the payment of aid for skimmed­
      between the administrative authorities of the Member                  milk powder denatured or processed into compound
      States and cooperation between the latter and the                     feedingstuffs in the territory of another Member State,
      Commission to ensure the correct application of                       as amended by Article 1 of Commission Regulation
      legislation on veterinary and zootechnical matters,                   (EEC) No 1726/79 of 26 July 1979, and Article 10 of
      seek the assistance of the competent veterinary                       Commission Regulation (EEC) No 1725/79 of 26 July
      authority of the Member State of importation, without                 1979 on the rules for granting aid to skimmed milk
      such a request affecting the right of the official                    processed into compound feedingstuffs and skimmed­
      veterinarian in the Member State of origin to                         milk powder intended for feed for calves, in
      designate, for the purposes of the heat treatment to be               conjunction with Article 34 of the EC Treaty, preclude
      carried out, an establishment in the Member State of                  systematic inspections to verify compliance with the
      importation.                                                          conditions as to the composition and quality of
                                                                            skimmed-milk powder intended for processing into
O OJNoC 159,24 . 6 . 1995 .                                                 compound feedingstuffs in another Member State on
                                                                            which entitlement to export refunds depends, where
                                                                            those inspections are carried out, with a view to
                                                                            subsequent export of the goods inspected, inside the
                                                                            exporting State and not at the frontier. However, those
                                                                            provisions do not preclude such inspections if they are
                                                                            carried out only by means of spot checks.
                JUDGMENT OF THE COURT
                        ( Fourth Chamber)
                                                                       2 . A charge levied in respect of systematic inspections
                          of 15 April 1997                                  carried out inside the exporting State with a view to
in Case C-272/95 (reference for a preliminary ruling from                   subsequent export of the goods inspected constitutes a
the Bundesverwaltungsgericht ): Bundesanstalt für Land­                     charge having an effect equivalent to customs duties
wirtschaft und Ernährung v. Deutsches Milch-Kontor                          on exports, prohibited under Articles 9 and 12 of the
                               GmbH (M                                      EC Treaty, even if it corresponds to the actual cost of
                                                                            each inspection.
 (Aid for skimmed-milk powder — Systematic inspections
                     — Costs of inspections)
                                                                       O OJ No C 248 , 23 . 9 . 1995 .
                            ( 97/C 166/04 )
                 (Language of the case: German)
    (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                   JUDGMENT OF THE COURT
                                                                                               ( Sixth Chamber)
In Case C-272/95 : reference to the Court under Article 177                                    of 15 April 1997
 of the EC Treaty from the Bundesverwaltungsgericht
 ( Federal Administrative Court) for a preliminary ruling in           in Case C-292/95 : Kingdom of Spain v. Commission of
 the proceedings pending before that court between                                      the European Communities ( ] )
 Bundesanstalt fur Landwirtschaft und Ernahrung and                     (Action for annulment — Framework on State aid to the
 Deutsches Milch-Kontor GmbH — on the interpretation                   motor vehicle industry — Retroactive prolongation —
 of Article 2 ( 1 ) and (4 ) of Commission Regulation ( EEC )                          Article 93 (1 ) of the EC Treaty)
 No 1624/76 of 2 July 1976 concerning special
                                                                                                  ( 97/C 166/05 )
 arrangements for the payment of aid for skimmed-milk
 powder denatured or processed into compound
 feedingstuffs in the territory of another Member State ( OJ                           (Language of the case: Spanish)
 No L 180, 1976 , p. 9 ), as amended by Article 1 of
 Commission Regulation ( EEC ) No 1726/79 of 26 July                      (Provisional translation; the definitive translation will be
  1979 ( OJ No L 199 , 1979 , p. 10 ), on the interpretation of
                                                                                 published in the European Court Reports)
 Article 10 of Commission Regulation (EEC ) No 1725/79
  of 26 July 1979 on the rules for granting aid to skimmed
  milk processed into compound feedingstuffs and skimmed­               In Case C-292/95 : Kingdom of Spain (Agents : Alberto
  milk powder intended for feed for calves ( OJ No L 199,               Navarro Gonzalez and Miguel Bravo-Ferrer Delgado ) v.
  1979 , p. 1 ) and on the interpretation of Articles 9, 12, 16         Commission of the European Communities ( Agents :
  and 95 of the EC Treaty — the Court ( Fourth Chamber),                Gerard Rozet and Francisco Enrique Gonzalez Diaz ) —
  composed of: J. L. Murray, President of the Chamber                   application for annulment of the Commission's decision,
  ( Rapporteur), C. N. Kakouris and P. J. G. Kapteyn,                   notified by letter of 6 July 1995 and published in the
 Judges; R Leger, Advocate-General; H. A. Riihl, Principal              Official Journal of the European Communities ( OJ No
  Administrator, for the Registrar, has given a judgment on             C 284, 1995 , p. 3 ), to prolong, with retroactive effect
  15 April 1997, in which it has ruled:                                 from 1 January 1995 , its decision of 23 December 1992