CELEX: 62011CA0601
Language: en
Date: 2013-07-11 00:00:00
Title: Case C-601/11 P: Judgment of the Court (Fourth Chamber) of 11 July 2013 — French Republic v European Commission, United Kingdom of Great Britain and Northern Ireland (Appeal — Action for annulment — Protection against transmissible spongiform encephalopathies — Regulation (EC) No 746/2008 — Regulation authorising less restrictive measures of surveillance and eradication than those previously laid down — Precautionary principle — Level of protection of human health — New elements capable of altering the perception of the risk — Failure to state reasons — Distortion of the facts — Error of law)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/11
            
         Judgment of the Court (Fourth Chamber) of 11 July 2013 — French Republic v European Commission, United Kingdom of Great Britain and Northern Ireland
   (Case C-601/11 P) (1)
   
   (Appeal - Action for annulment - Protection against transmissible spongiform encephalopathies - Regulation (EC) No 746/2008 - Regulation authorising less restrictive measures of surveillance and eradication than those previously laid down - Precautionary principle - Level of protection of human health - New elements capable of altering the perception of the risk - Failure to state reasons - Distortion of the facts - Error of law)
   2013/C 252/17
   Language of the case: French
   
      Parties
   
   
      Appellant: French Republic (represented by: E. Belliard, C. Candat, R. Loosli-Surrans, G. de Bergues and S. Menez, acting as Agents)
   
      Other parties to the proceedings: European Commission (represented by: F. Jimeno Fernández and D. Bianchi, acting as Agents), United Kingdom of Great Britain and Northern Ireland
   
      Re:
   
   Appeal brought against the judgment of the General Court (Third Chamber, Extended Composition) of 9 September 2011 in Case T-257/07 France v Commission by which the General Court dismissed the application for annulment of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annex VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11) in so far as it authorises monitoring and eradication measures less restrictive than those previously prescribed for ovine and caprine flocks — Failure to state the reasons for the decision — Distortion of the facts — Incorrect legal classification of the facts — Breach of the precautionary principle
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 80, 17.3.2012.