CELEX: C2002/084/26
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 8 January 2002 in Case C-507/99 (Reference for a preliminary ruling from the College van Beroep voor het bedrĳfsleven): Denkavit Nederland BV v Minister van Landbouw, Natuurbeheer en Visserĳ, Voedselvoorzieningsin- en verkoopbureau (Agriculture — Combating bovine spongiform encephalopathy — Powers of the Member States — Decision to slaughter and determination of the timing of slaughter of United Kingdom calves during the bovine spongiform encephalopathy crisis in March 1996)

6.4.2002                EN                      Official Journal of the European Communities                                            C 84/17
                 JUDGMENT OF THE COURT                                     bovine spongiform encephalopathy and Creutzfeldt-Jakob disease in
                                                                           humans and to the bovine spongiform encephalopathy crisis in
                                                                           the United Kingdom, the Member States were entitled, under
                          (Fifth Chamber)                                  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
                          8 January 2002                                   the completion of the internal market, as amended by Council
                                                                           Directive 92/118/EEC of 17 December 1992 laying down animal
                                                                           health and public health requirements governing trade in and imports
in Case C-507/99 (Reference for a preliminary ruling from                  into the Community of products not subject to the said requirements
the College van Beroep voor het bedrijfsleven): Denkavit                   laid down in specific Community rules referred to in Annex A (I) to
Nederland BV v Minister van Landbouw, Natuurbeheer                         Directive 89/662/EEC and, as regards pathogens, to Directive
 en Visserij, Voedselvoorzieningsin- en verkoopbureau (1)                  90/425:
                                                                           —     to order the slaughter of young bovine animals originating from
(Agriculture — Combating bovine spongiform encephalo-                            the United Kingdom present in their territory and
pathy — Powers of the Member States — Decision to
slaughter and determination of the timing of slaughter                     —     consequently, to determine when their slaughter took place.
of United Kingdom calves during the bovine spongiform
             encephalopathy crisis in March 1996)
                                                                           (1) OJ C 79 of 18.3.2000
                           (2002/C 84/26)
                    (Language of the case: Dutch)
                                                                                             JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                     (Fifth Chamber)
                                                                                                     7 February 2002
In Case C-507/99: reference to the Court under Article 234 EC              in Case C-5/00: Commission of the European Communi-
by the College van Beroep voor het bedrijfsleven (Netherlands)                         ties v Federal Republic of Germany(1)
for a preliminary ruling in the proceedings pending before that
court between Denkavit Nederland BV and Minister van                       (Failure by a Member State to fulfil its obligations —
Landbouw, Natuurbeheer en Visserij, Voedselvoorzieningsin-                 Directive 89/391/EEC — Measures to encourage improve-
en verkoopbureau, on the power of the Member States to                     ments in the safety and health of workers at work —
order the slaughter of United Kingdom calves and determine                 Articles 9(1)(a) and 10(3)(a) — Employer’s duty to keep
its timing during the bovine spongiform encephalopathy crisis              documents containing an assessment of the risks to safety
of March 1996 and on the interpretation of Article 8 of                                             and health at work)
Council Directive 90/425/EEC of 26 June 1990 concerning
veterinary and zootechnical checks applicable in intra-Com-
                                                                                                       (2002/C 84/27)
munity trade in certain live animals and products with a view
to the completion of the internal market (OJ 1990 L 224,
p. 29), as amended by Council Directive 92/118/EEC of                                          (Language of the case: German)
17 December 1992 laying down animal health and public
health requirements governing trade in and imports into the                (Provisional translation; the definitive translation will be published
Community of products not subject to the said requirements                                     in the European Court Reports)
laid down in specific Community rules referred to in Annex A
(I) to Directive 89/662/EEC and, as regards pathogens, to
Directive 90/425 (OJ 1993 L 62, p. 49), the Court (Fifth
Chamber), composed of: P. Jann, President of the Chamber,                  In Case C-5/00, Commission of the European Communities
D.A.O. Edward, A. La Pergola, L. Sevón (Rapporteur) and                   (Agent: M. Bogensberger) v Federal Republic of Germany
M. Wathelet, Judges, Advocate General: F.G. Jacobs, Registrar:             (Agents: W.-D. Plessing and B. Muttelsee-Schön): Application
H.A. Rühl, Principal Administrator, has given a judgment on                for a declaration that, by exempting, under Paragraph 6(1) of
8 January 2002, in which it has ruled:                                     the Gesetz über die Durchführung von Maßnahmen des
                                                                           Arbeitsschutzes zur Verbesserung der Sicherheit und des
                                                                           Gesundheitsschutzes der Beschäftigten bei der Arbeit (Arbeits-
The Community provisions applicable to the common agricultural             schutzgesetz) [Law on the implementation of protective
policy in the beef and veal sector are to be interpreted as meaning        measures to improve the safety and health of employees at
that, in response to information concerning a possible link between        work (Law on safety and health at work)] of 7 August 1996