CELEX: C2006/326/25
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-206/05: Judgment of the Court (Fourth Chamber) of 26 October 2006 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 90/427/EEC — Intra-Community trade in equidae — Requirement for a breeding stallion to be subject to an assessment of its genetic value in Sweden)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/12
            
         Judgment of the Court (Fourth Chamber) of 26 October 2006 — Commission of the European Communities v Kingdom of Sweden
   (Case C-206/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 90/427/EEC - Intra-Community trade in equidae - Requirement for a breeding stallion to be subject to an assessment of its genetic value in Sweden)
   (2006/C 326/25)
   Language of the case: Swedish
   Parties
   
      Applicant: Commission of the European Communities (represented by: F. Erlbacher and K. Simonsson, Agents)
   
      Defendant: Kingdom of Sweden (represented by: K. Norman, Agent)
   Re:
   Failure to fulfil obligations — Infringement of Article 28 EC and Article 3 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ 1990 L 224, p. 55) — Requirement for breeding stallions to be assessed as to their genetic value in Sweden
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, by having laid down in its national legislation a requirement that stallions are to be subject to an assessment of their genetic value in Sweden in order to be used for off-farm mating, the Kingdom of Sweden has failed to fulfil its obligations under Article 3 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae;
            
         
               2)
            
            
               Orders the Kingdom of Sweden to pay the costs.
            
         
      (1)  OJ C 229, 17. 9. 2005.