Source: All England Reporter
Publisher Citation: [2002] All ER (D) 21 (Jan)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Jann (President), La Pergola, Sevon (Rapportuer), Wathelet and Timmermans

Judgment Dates: 8 January 2002


European Community - Commission - Decision - Annulment - Decision to refuse to allow substance to be registered as being subject to no maximum residue limit in foodstuffs of animal origin - Decision based on other provisions of Community law banning marketing of product in issue - Whether Commission entitled to take into account other provisions of Community law in reaching decision - Whether decision should be annulled - Council Regulations (EEC) 2377/90, 2309/93 - Council Decisions 90/218/EC, 94/936/EC.

The Case

The European Commission was entitled to take into consideration other provisions of Community law relating to the marketing of a veterinary medicinal product when deciding on whether to include the product within one of the annexes to Council Regulation (EEC)2377-90.

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