CELEX: C2000/063/33
Language: en
Date: 2000-03-04 00:00:00
Title: Case C-514/99: Action brought on 29 December 1999 by the French Republic against the Commission of the European Communities

C 63/18                EN                    Official Journal of the European Communities                                         4.3.2000
therefore constitute a special non-contributory benefit within          The French Government maintains that, by merely citing the
the meaning of Article 4(2a) of that regulation, with the result        conclusions of the SSC without even examining the need for
that where a person — as in the plaintiff’s case — meets the            fresh measures, and by confusing ‘the assessment of the risk’
conditions for that allowance after 1 June 1992, only the               with ‘the management of the risk’, the Commission has failed
coordination rules created by Article 10(a) of the Regulation           to observe the precautionary principle. It claims that the
are applicable?                                                         Commission has not analysed the scientific opinions relating
                                                                        to bovine spongiform encephalopathy (BSE), even the minority
                                                                        opinions, fuelling the uncertainty regarding the existence or
(1) OJ L 149 of 5.7.1971, p. 2.                                         extent of risk to human health (in particular, the opinion of
(2) OJ L 230 of 22.8.1983, p. 6.                                        the Agence française pour la sécurité sanitaire des aliments
(3) OJ L 136 of 19.5.1992, p. 1.                                        (French Food Safety Agency) and the experts’ document on
                                                                        transmissible subacute spongiform encephalopathies (TSSE)
                                                                        annexed thereto); that the Commission has failed to take the
                                                                        protection measures needing to be implemented before the
                                                                        reality and gravity of those risks become fully apparent; and
                                                                        that, by refusing to modify and, indeed, to cancel its decision
                                                                        lifting the ban on British beef from 1 August 1999, the
                                                                        Commission has infringed the precautionary principle as
                                                                        established by the Treaty and the case-law of the Court. The
                                                                        Commission’s decision is thus vitiated by an infringement of
Action brought on 29 December 1999 by the French
                                                                        the Treaties, by procedural irregularities and by the absence of
Republic against the Commission of the European Com-
                                                                        a statement of reasons.
                             munities
                        (Case C-514/99)                                 (1) OJ L 195 of 28.7.1999: Commission Decision 1999/514/EC of
                                                                             23 July 1999 setting the date on which dispatch from the United
                                                                             Kingdom of bovine products under the date-based export scheme
                         (2000/C 63/33)                                      may commence by virtue of Article 6(5) of Council Decision
                                                                             98/256/EC (OJ 1998 L 113, p. 33).
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 29 December 1999 by the French Republic,
represented by Ronny Abraham, Director of Legal Affairs in
the Ministry of Foreign Affairs, Kareen Rispal-Bellanger and
Régine Loosli-Surrans, respectively Head of Subdirectorate and
Chargée de Mission in that Ministry, acting as Agents, with an
address for service in Luxembourg at the French Embassy,                Reference for a preliminary ruling by the Cour d’Appel
8b Boulevard Joseph II.                                                 de Bruxelles by judgment of that court of 22 December
                                                                        1999 in the case of Richard Gaillard against Alaya Chekili
The French Republic claims that the Court should:
                                                                                                  (Case C-518/99)
— annul the Commission’s decision refusing to modify or
      cancel Decision 1999/514/EC (1).                                                             (2000/C 63/34)
                                                                        Reference has been made to the Court of Justice of the
Pleas in law and main arguments                                         European Communities by judgment of the Cour d’Appel de
                                                                        Bruxelles (Court of Appeal, Brussels) of 22 December 1999,
                                                                        received at the Court Registry on 31 December 1999, for a
The action has been brought against a decision of the                   preliminary ruling in the case of Richard Gaillard against Alaya
Commission which was revealed by a statement made on                    Chekili on the following question:
29 October 1999 by Mr Commissioner Byrne, in which he
expressed the view that, following the issue on the same day
of the opinion of the Scientific Steering Committee (SSC),              Does an action for rescission of a contract for the sale of land
there was no longer any need to ‘re-examine the decision to             and consequential damages amount to proceedings ‘which
lift the ban on exports of British beef’, and in particular by the      have as their object rights in rem in immovable property’
decision dated 17 November 1999 by which the college of                 within the meaning of Article 16 of the Convention of
Commissioners gave formal notice to France requiring it to              27 September 1968 between the Member States of the
comply with Decision 1999/514/EC and to lift its ban.                   European Economic Community on jurisdiction and the
The action is principally based on an allegation that the               enforcement of judgments in civil and commercial matters,
Commission has infringed the precautionary principle and,               signed in Brussels on 27 September 1968?
secondarily, on a claim that the procedure followed was
inadequate and that the insufficient reasons have been given
for the contested decision.