CELEX: C2002/084/20
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 8 January 2002 in Case C-428/99 (Reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): H. van den Bor BV v Voedselvoorzieningsin- en verkoopbureau (Agriculture — Combating bovine spongiform encephalopathy — Powers of the Member States — Compensation for farmers following the slaughter of United Kingdom calves ordered during the bovine spongiform encephalopathy crisis in March 1996)

C 84/12                    EN                      Official Journal of the European Communities                                             6.4.2002
1.    Declares that, by not adopting within the prescribed period the         market in Belgium, France and the Netherlands (OJ 1996 L 99,
      laws, regulations and administrative provisions necessary to            p. 16), as amended by Commission Regulation (EC) No 841/96
      comply with the second sentence of Article 6(2) of Council              of 7 May 1996 (OJ 1996 L 114, p. 18),the Court (Fifth
      Directive 89/105/EEC of 21 December 1988 relating to the                Chamber), composed of: P. Jann, President of the Chamber,
      transparency of measures regulating the prices of medicinal             D.A.O. Edward, A. La Pergola, L. Sevón (Rapporteur) and
      products for human use and their inclusion in the scope of              M. Wathelet, Judges, Advocate General: F.G. Jacobs, Registrar:
      national health insurance systems, the Republic of Austria has          H.A. Rühl, Principal Administrator, has given a judgment on
      failed to fulfil its obligations under that article;                    8 January 2002, in which it has ruled:
2.    Dismisses the remainder of the application;
3.    Orders the parties to bear their own costs.                             1.   The Community provisions applicable to the common agricul-
                                                                                   tural policy in the beef and veal sector are to be interpreted as
                                                                                   meaning that, in response to information concerning a possible
                                                                                   link between bovine spongiform encephalopathy and Creutz-
(1) OJ C 6 of 8.1.2000.
                                                                                   feldt-Jakob disease in humans and to the bovine spongiform
                                                                                   encephalopathy crisis in the United Kingdom, the Member
                                                                                   States were entitled, under Article 8(1)(a) of Council Directive
                                                                                   90/425/EEC of 26 June 1990 concerning veterinary and
                                                                                   zootechnical checks applicable in intra-Community trade in
                                                                                   certain live animals and products with a view to the completion
                                                                                   of the internal market, as amended by Council Directive
                                                                                   92/118/EEC of 17 December 1992 laying down animal
                  JUDGMENT OF THE COURT                                            health and public health requirements governing trade in and
                                                                                   imports into the Community of products not subject to the said
                                                                                   requirements laid down in specific Community rules referred to
                             (Fifth Chamber)                                       in Annex A (I) to Directive 89/662/EEC and, as regards
                                                                                   pathogens, to Directive 90/425:
                             8 January 2002
                                                                                   —      to order the slaughter of young bovine animals originating
in Case C-428/99 (Reference for a preliminary ruling from                                 from the United Kingdom present in their territory and,
the College van Beroep voor het bedrijfsleven): H. van den
Bor BV v Voedselvoorzieningsin- en verkoopbureau (1)
                                                                                   —      since there could be serious grounds for believing that, in
(Agriculture — Combating bovine spongiform encephalo-                                     the absence of fair compensation, farmers might conceal
pathy — Powers of the Member States — Compensation for                                    the origin of animals in their possession in order to avoid
farmers following the slaughter of United Kingdom calves                                  their slaughter and the resulting financial loss, to adopt a
ordered during the bovine spongiform encephalopathy crisis                                compensation measure ancillary to the measure requiring
                             in March 1996)                                               slaughter of the animals.
                              (2002/C 84/20)
                                                                              2.   Even though the Member States had the power to adopt
                      (Language of the case: Dutch)                                compensation measures under Article 8(1)(a) of Directive
                                                                                   90/425, as amended by Directive 92/118, Community law,
                                                                                   in particular Commission Regulation (EC) No 717/96 of
(Provisional translation; the definitive translation will be published             19 April 1996 adopting exceptional support measures for the
                     in the European Court Reports)                                beef and veal market in Belgium, France and the Netherlands,
                                                                                   as amended by Commission Regulation (EC) No 841/96 of
                                                                                   7 May 1996, precluded the amount of compensation to farmers
                                                                                   from being determined by national provisions from the date
In Case C-428/99: reference to the Court under Article 234                         upon which that regulation became applicable.
EC by the College van Beroep voor het bedrijfsleven (Nether-
lands) for a preliminary ruling in the proceedings pending
before that court between H. van den Bor BV and Voedsel-
voorzieningsin- en verkoopbureau on the power of the
Member States to compensate cattle farmers and determine                      (1) OJ C 20 of 22.1.2000.
the amount of compensation due following the slaughter of
United Kingdom calves ordered during the bovine spongiform
encephalopathy crisis in March 1996 and on the interpretation
of Commission Regulation (EC) No 717/96 of 19 April 1996
adopting exceptional support measures for the beef and veal