| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 62 (Jul) |
| Court: | Court of Justice of the European Communities (Fifth Chamber) |
| Judge: | Judges Edward, Pergola, Jann, Von Bahr and Rosas (Rapporteur) |
| Judgment Dates: | 3 July 2003 |
Catchwords
Animals - Animal health - Importation of animal - Health certification - Animals exported with incorrect certification - Effect of certification - Entitlement of state to demand certificate stating no case of transmissible spongiform encephalopathy registered in last six years - Council Directive (EEC) 91/68, Annex E - Council Directive (EEC) 90/425, art 10.
The Case
A member state could not prevent the importation of sheep intended for slaughter when they arrive on its territory solely on the ground that they were accompanied by a model II health certificate established by Annex E to Council Directive (EEC)91-68, which provided for trade between Member States in ovine and caprine animals intended for fattening. However, Community law, and more particularly Directive (EEC)91-68 and art10 of Council Directive EEC90-425 did not preclude a Member State from imposing a requirement under national law that when bovine or ovine animals were imported for slaughter, breeding or fattening, the health certificate accompanying those animals had to state that they had been born and raised on a farm in which no case of transmissible spongiform encephalopathy had been registered in the previous six years.
Practice Areas
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
