Source: All England Reporter
Publisher Citation: [2002] All ER (D) 08 (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 - Bovine spongiform encephalopathy (BSE) - Powers of member states - Whether compensation payable to farmers following the slaughter of United Kingdom calves ordered during the bovine spongiform encephalopathy crisis in March 1996 - Council Directive (EEC) 90/425 and 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 questions relating to 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 that: (i)under Directive 90-425, Member States were entitled to order the slaughter of young bovine animals which had originated from the UK and adopt ancillary compensation measures; and (ii) Regulation 717-96 precluded the amount of compensation from being determined by national provisions from the date upon which it became applicable.

Practice Areas

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