CELEX: C1996/197/35
Language: en
Date: 1996-07-06 00:00:00
Title: Removal from the register of Joined Cases C-261/94 and C-262/94

6 . 7 . 96              1 EN I                  Official Journal of the European Communities                                       No C 197/ 17
( a ) insofar as it is based, as it purports to be, on the                         justification for a temporary ban on the export from the
         perceived need to allay concern among consumers in                        United Kingdom of all the items mentioned in Article 1
         order to protect the market for beef generally in                          of the contested Decision, there is no longer any
         Member States, the export ban is not within the scope                     justification for the continuation of the export ban
         of the Commission's powers or the margin of discretion                    either at all or in relation to products recognized by
         allowed to it;                                                             independent scientific bodies as being safe .
( b ) having regard in particular to the other measures                    (') Commission Decision 96/239/EC of 27 March 1996 on
         adopted in the United Kingdom and at the Community                       emergency measures to protect against bovine spongiform
         level to deal with BSE, the export ban is not, and cannot                encephalopathy ( OJ No L 78 , 28 . 3 . 1996 , p. 47).
         be, justified on the basis of any serious hazard to animal        ( 2 ) Commission Decision 94/474/EEC of 27 July 1994 concerning
                                                                                  certain protection measures relating to bovine spongiform
         or human health;
                                                                                  encephalopathy ( OJ No L 194, 29. 7. 1994, p. 96 ).
                                                                           ( 3 ) Council      Directive      89/662/EEC of 11   December  1989
(c ) it is therefore an unlawful impediment to the free                           concerning veterinary checks in intra-Community trade with a
                                                                                  view to the completion of the internal market ( OJ No L 395 ,
         movement of goods within the Community;                                  30 . 12 . 1989 , p . 13 ).
                                                                           (4 ) Council Directive 90/425/EEC of 26 June 1990 concerning
( d ) the adoption of the export ban and its continuance                          veterinary and zootechnical checks applicable in
                                                                                  intra-Community trade in certain live animals and products
         constitute a misuse of powers ;                                          with a view to the completion of the internal market ( OJ No
                                                                                  L 224 , 18 . 8 . 1990, p . 29 ).
( e ) the export ban is disproportionate whether it was
         imposed or is being maintained in order to allay
         concern among consumers or in order to protect
         against a perceived threat to animal or human
         health;
 ( f) the export ban discriminates between consumers in the                Removal from the register of Joined Cases C-261/94 and
         United Kingdom and consumers in other Member                                                          C-262/94 ( l )
         States and between producers in the United Kingdom                                                  ( 96/C 197/35 )
         and producers in other Member States, contrary to
         Articles 6 and 40 ( 3 ) of the EC Treaty;
                                                                            By order of 7 February 1996 , the President of the Court of
 (g) the export ban is inconsistent with the objectives of the             Justice of the European Communities ordered the removal
          Common Agricultural Policy set out in Article 39 ( 1 ) of         from the Register of Joined Cases C-261 /94 and C-262/94 :
         the EC Treaty;                                                     ( References for a preliminary ruling from the Giudice
                                                                            Conciliatore di Trieste ): Centralsped Sri v . Amministrazione
                                                                            delle Finanze dello Stato ( C-261 /94 ) and For Trans Sri v .
 ( h ) the contested Decision in various respects infringes the             Amministrazione delle Finanze dello Stato ( C-262/94 ).
          principle of legal certainty, fails to state the reasons for
          its adoption and, as the Commission contends, covers
                                                                            (') OJ No C 316 , 12 . 11 . 1994 .
          products that, as the United Kingdom contends, fall
          outside the scope of the powers purportedly exercised
          by the Commission;
  ( i ) by maintaining the contested Decision in force, the
          contested acts are vitiated by the same defects;
                                                                                     Removal from the register of Case C- 1 9 5/94 ( )
  (j ) Directive 89/662/EEC ( 3 ) and Directive 90/425/EEC ( 4 )
          are unlawful and therefore inapplicable if and insofar                                              ( 96/C 197/36 )
          as they purport to provide the legal basis for the
          extension of the export ban to products falling outside
          the scope of the powers purportedly exercised by the               By order of 27 March 1996 , the President of the Court of
           Commission;
                                                                            Justice of the European Communities ordered the removal
                                                                             from the Register of Case C-l 95/94 (Reference for a
                                                                             preliminary ruling from the Sozialgericht Koblenz ): José
   ( k ) it is manifest that the export ban is and was                       Oliveira-Neves v . Bundesanstalt fiir Arbeit.
           counterproductive and is not in the interests of any
           Member State;
                                                                             f 1 ) OJ No C 233 , 20 . 8 . 1994 .
   (1)     even if, contrary to the United Kingdom's primary
           submission, there was a sufficient and a lawful