CELEX: C1998/166/03
Language: en
Date: 1998-05-30 00:00:00
Title: JUDGMENT OF THE COURT of 19 March 1998 in Case C-1/96 (reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division): The Queen v Minister of Agriculture, Fisheries and Food, ex parte Compassion in World Farming Limited (Articles 34 and 36 of the EC Treaty - Directive 91/629/EEC - European Convention on the Protection of Animals Kept for Farming Purposes - Recommendation concerning Cattle - Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation - Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State - Quantitative restrictions on exports - Exhaustive harmonisation - Validity of the Directive)

C 166/2               EN                  Official Journal of the European Communities                                      30.5.98
LeÂger, Advocate General; H. von Holstein, Deputy                    Fisheries and Food, ex parte Compassion in World
Registrar, for the Registrar, has given a judgment on                Farming Limited Ð on the interpretation of Articles 34
17 March 1998, in which it has ruled:                                and 36 of the EC Treaty and the validity of Council
                                                                     Directive 91/629/EEC of 19 November 1991 laying down
                                                                     minimum standards for the protection of calves (OJ L 340
1. The exception in respect of vehicles used by public               of 11.12.1991, p. 28) Ð the Court, composed of: G. C.
    authorities to provide public services which are not in          Rodríguez Iglesias, President, C. Gulmann, H.
    competition with professional road hauliers, provided            Ragnemalm, M. Wathelet (Presidents of Chambers), G. F.
    for in Article 13(1)(b) of Council Regulation (EEC)              Mancini (Rapporteur), J. C. Moitinho de Almeida, P. J. G.
    No 3820/85 of 20 December 1985 on the                            Kapteyn, J. L. Murray, D. A. O. Edward, J.-P. Puissochet,
    harmonisation of certain social legislation relating to          G. Hirsch, P. Jann and L. Sevón, Judges; P. LeÂger,
    road transport, does not apply to vehicles belonging to          Advocate General; L. Hewlett, Administrator, for the
    an undertaking which is wholly owned by a public                 Registrar, has given a judgment on 19 March 1998, in
    authority and which operates a public passenger                  which it has ruled:
    service under a contract granting it an exclusive right
    for a specified period following a call for competing
    tenders.                                                         1. Consideration of Council Directive 91/629/EEC of
                                                                         19 November 1991 laying down minimum standards
                                                                         for the protection of calves has disclosed no factor of
                                                                         such a kind as to affect its validity.
2. The requirement in Article 14(5) of Regulation (EEC)
    No 3820/85, that each driver assigned to a service
    referred to in Article 14(1) must carry an extract from          2. A Member State which has implemented the 1988
    the duty roster and a copy of the service timetable, is              Recommendation concerning Cattle, drawn up to
    not satisfied where the extract from the duty roster                 apply the principles of the European Convention on
    relates only to the day on which it is checked.                      the Protection of Animals kept for Farming Purposes,
                                                                         cannot rely on Article 36 of the EC Treaty and, in
(1) OJ C 26 of 25.1.1997.                                                particular, on the grounds of public morality, public
                                                                         policy or the protection of the health or life of animals
                                                                         laid down in that article, in order to justify restrictions
                                                                         on the export of live calves with a view to preventing
                                                                         those calves from being reared in the veal crate
                                                                         systems used in other Member States which have
                                                                         implemented Directive 91/629/EEC but which do not
                                                                         apply that recommendation.
              JUDGMENT OF THE COURT
                      of 19 March 1998                               (1) OJ C 46 of 17.2.1996.
in Case C-1/96 (reference for a preliminary ruling from
the High Court of Justice, Queen's Bench Division): The
Queen v Minister of Agriculture, Fisheries and Food, ex
      parte Compassion in World Farming Limited (1)
(Articles 34 and 36 of the EC Treaty Ð Directive 91/629/
EEC Ð European Convention on the Protection of                       Action brought on 2 March 1998 by the Commission of
Animals Kept for Farming Purposes Ð Recommendation                   the European Communities against the Kingdom of the
concerning Cattle Ð Export of calves from a Member                                             Netherlands
State maintaining the level of protection laid down by the
                                                                                            (Case C-63/98)
Convention and the Recommendation Ð Export to
Member States which comply with the Directive but do                                         (98/C 166/04)
not observe the standards laid down in the Convention or
the Recommendation and use intensive farming systems
prohibited in the exporting State Ð Quantitative                     An action against the Kingdom of the Netherlands was
restrictions on exports Ð Exhaustive harmonisation Ð                 brought before the Court of Justice of the European
                   Validity of the Directive)                        Communities on 2 March 1998 by the Commission of the
                                                                     European Communities, represented by Wouter Wils,
                        (98/C 166/03)
                                                                     acting as Agent, with an address for service in
                                                                     Luxembourg at the office of C. Gómez de la Cruz, of its
                                                                     Legal Service, Wagner Centre, Kirchberg.
               (Language of the case: English)
                                                                     The applicant claims that the Court should:
In Case C-1/96: reference to the Court under Article 177
of the EC Treaty from the High Court of Justice (England
and Wales), Queen's Bench Division, for a preliminary                Ð declare that, by failing to take appropriate steps, in
ruling in the proceedings pending before that court                      managing fishing for shellfish in the Waddenzee, to
between The Queen and the Minister of Agriculture,                       avoid deterioration of the habitats of certain types of