Source: All England Reporter
Publisher Citation: [2002] All ER (D) 09 (Jan)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Jann (President of the Chamber), Edward, La Pergola, Sevón (Rapporteur) and Wathelet

Judgment Dates: 8 January 2002


European Community - Agriculture - Common Agricultural Policy in beef and veal sector - Bovine spongiform encephalopathy (BSE) - Powers of member states - Whether member state entited to order slaughter of young bovine animals originating in UK and determine when that slaughter should take place - Council Directive (EEC) 90/425 - Commission Regulation (EC) 717/96.

The Case

On a reference from a Dutch court to the Court of Justice of the European Communities for a preliminary ruling on the questions relating the interpretation of Council Directive 90-425 EEC and Commission Regulation 717-96 EC arising out of the possible link between BSE and CJD in humans and the BSE crisis in the UK, the court ruled: (i)Under Directive 90-425, member states were entitled to order the slaughter of young bovine animals which had originated from the UK and under Regulation 717-96, determine when the slaughter took place.

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