CELEX: C2001/045/10
Language: en
Date: 2001-02-10 00:00:00
Title: Judgement of the Court (Sixth Chamber) of 16 November 2000 in Case C-217/99: Commission of the European Communities v Kingdom of Belgium (Failure to fulfil obligations — Free movement of goods — Measures having equivalent effect — Nutrients and foodstuffs containing nutrients — Obligation to submit a notification file — Obligation to include notification number on labelling)

10.2.2001                 EN                     Official Journal of the European Communities                                             C 45/5
                   JUDGMENT OF THE COURT                                                     JUDGEMENT OF THE COURT
                           (Sixth Chamber)                                                            (Sixth Chamber)
                        of 16 November 2000                                                        of 16 November 2000
in Case C-37/99 (reference for a preliminary ruling from                    in Case C-217/99: Commission of the European Communi-
the Hoge Raad der Nederlanden (Netherlands): criminal                                         ties v Kingdom of Belgium (1)
          proceedings against Roelof Donkersteeg (1)
(Directive 83/189/EEC — Technical standards and regu-                       (Failure to fulfil obligations — Free movement of goods
lations — Obligation to notify — Footwear disinfecting                      — Measures having equivalent effect — Nutrients and
   facilities on agricultural holdings — Vaccination of pigs)               foodstuffs containing nutrients — Obligation to submit a
                                                                            notification file — Obligation to include notification number
                                                                                                         on labelling)
                            (2001/C 45/09)
                                                                                                       (2001/C 45/10)
                      (Language of the Case: Dutch)
                                                                                                (Language of the Case: French)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                            (Provisional translation; the definitive translation will be published
In Case C-37/99, reference to the Court under Article 177 of                                    in the European Court Reports)
the EC Treaty (now Article 234 EC) by the Hoge Raad der
Nederlanden (Netherlands), for a preliminary ruling in the                  In Case C-217/99, Commission of the European Communities
criminal proceedings pending before the court the against                   (Agent: H. van Lier) v Kingdom of Belgium (Agents: initially
Roelof Donkersteeg — on the interpretation of Article 1 of                  Y. Houyet and then P. Rietjens) — application for a declaration
Council Directive 83/189/EEC of 28 March 1983 laying down                   that, by laying down in Article 6(1)(1) of the Royal Decree of
a procedure for the provision of information in the field of                3 March 1992, concerning the placing on the market of
technical standards and regulations (OJ 1983 L 109, p. 8), as               nutrients and foodstuffs to which nutrients have been added
amended by Council Directive 88/182/EEC of 22 March 1988                    (Moniteur Belge of 15 April 1992, p. 8467), an obligation to
(OJ 1988 L 81, p. 75) — the Court (Sixth Chamber), composed                 indicate on the labelling of the products to which the decree
of: C. Gulmann (Rapporteur), President of the Chamber,                      applies the notification number provided for by Article 4
J.-P. Puissochet and F. Macken, Judges; N. Fennelly, Advocate               thereof, the Kingdom of Belgium has failed to fulfil its
General; D. Louterman-Hubeau, Administrator, for the Regis-                 obligations under Article 30 of the EC Treaty (now, after
trar, has given a judgment on 16 November, in which it has                  amendment, Article 28 EC) et seq. — the Court (Sixth
ruled:                                                                      Chamber), composed of C. Gulmann, President of the Chamb-
                                                                            er, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges; N. Fen-
1.     A provision such as that in issue in the main proceedings,           nely, Advocate General: H.A. Rühl, Registrar, has given a
       which requires there to be one or more disinfectant containers       judgment on 16 November 2000 in which it:
       or appropriate cleaning facilities for disinfecting footwear on
       pig farms, is not, for the purposes of Council Directive
       83/189/EEC of 28 March 1983 laying down a procedure for              1.    Declares that, by laying down in Article 6(1)(1) of the Royal
       the provision of information in the field of technical standards           Decree of 3 March 1992, concerning the placing on the market
       and regulations, as amended by Council Directive 88/182/EEC                of nutrients and foodstuffs to which nutrients have been added,
       of 22 March 1988, a technical regulation which ought to have               an obligation to indicate on the labelling of the products to
       been notified to the Commission before being adopted.                      which the decree applies the notification number provided for
                                                                                  by Article 4 thereof, the Kingdom of Belgium has failed to fulfil
2.     A provision such as that in issue in the main proceedings which            its obligations under Article 30 of the EC Treaty (now, after
       requires every farmer to have the pigs on his holding vaccinated           amendment, Article 28 EC) et seq.;
       Aujeszky’s disease is not, for the purposes of Directive as
       amended by Directive 88/182, a technical regulation which            2.    Orders the Kingdom of Belgium to pay the costs.
       ought to have been notified to the Commission before being
       adopted.
                                                                            (1) OJ C 226 of 7.8.1999.
(1) OJ C 121 of 1.5.1999.