CELEX: C2001/289/07
Language: en
Date: 2001-10-13 00:00:00
Title: Judgment of the Court of 12 July 2001 in Case C-189/01 (reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): H. Jippes, Afdeling Groningen van de Nederlandse Vereniging tot Bescherming van Dieren and Afdeling Assen en omstreken van de Nederlandse Vereniging tot Bescherming van Dieren v Minister van Landbouw, Natuurbeheer en Visserĳ (Agriculture — Control of foot-and-mouth disease — Prohibition of vaccination — Principle of proportionality — Taking animal welfare into account)

C 289/4                  EN                     Official Journal of the European Communities                                          13.10.2001
3.    Orders the French Republic to pay the costs of Case C-308/99                          JUDGMENT OF THE COURT
      P;
4.    Orders the Kingdom of Spain to bear its own costs in both                                       of 12 July 2001
      actions.
                                                                           in Case C-189/01 (reference for a preliminary ruling from
(1) OJ C 299 of 16.10.1999.                                                the College van Beroep voor het bedrijfsleven): H. Jippes,
                                                                           Afdeling Groningen van de Nederlandse Vereniging tot
                                                                           Bescherming van Dieren and Afdeling Assen en omstre-
                                                                           ken van de Nederlandse Vereniging tot Bescherming
                                                                           van Dieren v Minister van Landbouw, Natuurbeheer en
                                                                                                         Visserij (1)
                 JUDGMENT OF THE COURT                                     (Agriculture — Control of foot-and-mouth disease — Pro-
                                                                           hibition of vaccination — Principle of proportionality —
                           (Fifth Chamber)                                               Taking animal welfare into account)
                            of 12 July 2001                                                          (2001/C 289/07)
in Case C-365/99: Portuguese Republic v Commission of
                 the European Communities (1)                                                  (Language of the case: Dutch)
(Agriculture — Animal health — Emergency measures to                       (Provisional translation; the definitive translation will be published
combat bovine spongiform encephalopathy — ‘Mad cow’                                           in the European Court Reports)
                                disease)
                           (2001/C 289/06)                                 In Case C-189/01: reference to the Court under Article 234
                                                                           EC from the College van Beroep voor het bedrijfsleven
                                                                           (Netherlands), for a preliminary ruling in the proceedings
                  (Language of the case: Portuguese)                       pending before that court between H. Jippes, Afdeling Gronin-
                                                                           gen van de Nederlandse Vereniging tot Bescherming van
(Provisional translation; the definitive translation will be published     Dieren and Afdeling Assen en omstreken van de Nederlandse
                    in the European Court Reports)                         Vereniging tot Bescherming van Dieren and Minister van
                                                                           Landbouw, Natuurbeheer en Visserij — on the interpretation
                                                                           of the validity of Article 13 of Council Directive 85/511/EEC
In Case C-365/99: Portuguese Republic (Agents: L. Fernandes                of 18 November 1985 introducing Community measures for
and M.J. Abecassis, assisted by C. Aguiar, T. Ferreira de                  the control of foot-and-mouth disease (OJ 1985 L 315, p. 11),
Lima and G. van der Wal) v Commission of the European                      as amended by Council Directive 90/423/EEC of 26 June 1990
Communities — application for annulment of Commission                      (OJ 1990 L 224, p. 13), and of Commission Decision
Decision 99/517/EC of 28 July 1999 amending Decision                       2001/246/EC of 27 March 2001 laying down the conditions
98/653/EC concerning emergency measures made necessary                     for the control and eradication of foot-and-mouth disease in
by the occurrence of bovine spongiform encephalopathy in                   the Netherlands in application of Article 13 of Directive
Portugal (OJ 1999 L 197, p. 45), in so far as it extends until             85/511/EEC (OJ 2001 L 88, p. 21), as amended by Commission
1 February 2000 the restriction on exports prescribed by                   Decision 2001/279/EC of 5 April 2001 (OJ 2001 L 96, p. 19)
Article 4 of Commission Decision 98/653/EC of 18 November                  — the Court, composed of: G.C. Rodrı́guez Iglesias, President,
1998 concerning emergency measures made necessary by the                   C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris (Presidents
occurrence of bovine spongiform encephalopathy in Portugal                 of Chambers), D.A.O. Edward, P. Jann, L Sevón (Rapporteur),
(OJ 1998 L 311, p. 23) — the Court (Fifth Chamber),                        R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
composed of: A. La Pergola, President of the Chamber,                      J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate General;
M. Wathelet, D.A.O. Edward, L. Sevón (Rapporteur) and S. von              H.A. Rühl, Principal Administrator, for the Registrar, has given
Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal            a judgment on 12 July 2001, in which it has ruled:
Administrator, for the Registrar, has given a judgment on
12 July 2001, in which it:
                                                                           1.    Consideration of the first question has not disclosed any factor
1.    Dismisses the action;                                                      of such a kind as to affect the validity of Article 13 of Council
                                                                                 Directive 85/511/EEC of 18 November 1985 introducing
2.    Orders the Portuguese Republic to bear its own costs.                      Community measures for the control of foot-and-mouth disease,
                                                                                 as amended by Council Directive 90/423/EEC of 26 June
                                                                                 1990.
(1) OJ C 366 of 18.12.1999.
                                                                           2.    Consideration of the second question has not disclosed any
                                                                                 factor of such a kind as to affect the validity of Commission
 ---pagebreak--- 13.10.2001                EN                     Official Journal of the European Communities                                             C 289/5
      Decision 2001/246/EC of 27 March 2001 laying down the                      outside emergencies in the area of the Autonomous Community
      conditions for the control and eradication of foot-and-mouth               of Galicia does not come within the scope of the exception
      disease in the Netherlands in application of Article 13 of                 or exclusions laid down in Article 2 of Council Directive
      Directive 85/511/EEC, as amended by Commission Decision                    89/391/EEC of 12 June 1989 on the introduction of measures
      2001/279/EC of 5 April 2001.                                               to encourage improvements in the safety and health of workers
                                                                                 at work. However, such an activity may come under the
(1) OJ C 173 of 16.6.2001.
                                                                                 derogations provided for in Article 17 of Directive 93/104, in
                                                                                 so far as the conditions set out in that provision are fulfilled.
                                                                            3)   Time spent on call, when their physical presence is required, by
                                                                                 the medical and nursing staff providing services for Servicio
                                                                                 Galego de Saúde in the on-call service, in primary care teams
                      ORDER OF THE COURT                                         and in other services which treat outside emergencies in the area
                                                                                 of the Autonomous Community of Galicia must be regarded in
                           (Sixth Chamber)                                       its entirety as working time, and where appropriate as overtime,
                                                                                 within the meaning of Directive 93/104.
                             of 3 July 2001
in Case C-241/99 (reference for a preliminary ruling from
the Tribunal Superior de Justicia de Galicia): Confedera-                   (1) OJ C 246 of 28.8.1999.
ción Intersindical Galega (CIG) v Servicio Galego de Saúde
                               (Sergas) (1)
(Article 104(3) of the Rules of Procedure — Social policy —
Protection of the health and safety of workers — Directives
89/391/EEC and 93/104/EC — Scope — Primary care
services personnel — Average period of work — Inclusion of
                              time on call)
                                                                                                ORDER OF THE COURT
                            (2001/C 289/08)
                    (Language of the case: Spanish)                                                  (First Chamber)
(Provisional translation; the definitive translation will be published                                of 12 July 2001
                     in the European Court Reports)
In Case C-241/99: reference to the Court under Article 234                  in Case C-256/99 (reference for a preliminary ruling from
EC from the Tribunal Superior de Justicia de Galicia (Spain),               the High Court of Justice of England and Wales, Queen’s
for a preliminary ruling in the proceedings pending before that             Bench Division (Crown Office)): The Queen v Secretary
court between Confederación Intersindical Galega (CIG) and                              of State for the Home Department (1)
Servicio Galego de Safide (Sergas) — on the interpretation of
Council Directive 89/391/EEC of 12 June 1989 on the                         (Article 104(3) of the Rules of Procedure — Question
introduction of measures to encourage improvements in the                   identical to a question on which the Court has already ruled)
safety and health of workers at work (OJ 1989 L 183, p. 1)
and Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organization of working time                                        (2001/C 289/09)
(OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen, N. Colneric and J.N. Cunha Rodrigues                                          (Language of the case: English)
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given an order on 3 July 2001, the operative
part is as follows:                                                         In Case C-256/99: reference to the Court under Article 234
                                                                            EC from the High Court of Justice of England and Wales,
1)    An activity such as that of the medical and nursing staff             Queen’s Bench Division (Crown Office) for a preliminary
      providing services for Servicio Galego de Saúde in the on-call       ruling in the proceedings pending before that court between
      service, in primary care teams and in other services which treat      The Queen and Secretary of State for the Home Department,
      outside emergencies in the area of the Autonomous Community           ex parte Cheung Chiu Hung, intervener: Justice — on the
      of Galicia fall within the scope of Council Directive 93/104/EC       interpretation of Articles 8 and 8a of the EC Treaty (now, after
      of 23 November 1993 concerning certain aspects of the                 amendment, Articles 17 EC and 18 EC), of the Declaration by
      organization of working time.                                         the Government of the United Kingdom of Great Britain and
                                                                            Northern Ireland on the definition of the term ‘nationals’,
2)    An activity such as that of the medical and nursing staff             annexed to the Final Act of the Treaty concerning the
      providing services for Servicio Galego de Saúde in the on-call       Accession of the Kingdom of Denmark, Ireland and the United
      service, in primary care teams and in other services which treat      Kingdom of Great Britain and Northern Ireland to the European