Source: All England Reporter
Publisher Citation: [2006] All ER (D) 139 (Sep)
Court: Court of Justice of The European Communities (Second Chamber)

Judge Timmermans (President of the Chamber), Judges Schintgen, Kuris, Klucka (Rapporteur) and Bay Larsen.

Judgment Dates: 28 September 2006


European Community - Reference to European Court - Request for preliminary ruling concerning interpretation of Community law - Applicant importing meat from China - Respondent testing samples - Consignments containing prohibited substances - Respondent ordering destruction of consignment - Applicant challenging destruction order - Whether Community law permitting re-dispatch of consignment - Council Regulation (EEC) 2377/90 - Council Directive (EC) 97/78.

The Case

In the instant case, the respondent had ordered the destruction consignments of meat being imported by the applicants. The applicants challenged the decision to destroy, and the Court of Justice concluded that the respondent had been correct to order the destruction pursuant to the provisions of Council Regulation (EEC) 2377-90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin), and Council Directive (EC) 97-78 (laying down the principles governing veterinary checks on products entering the Community from third countries).

Practice Areas

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