Joined Cases C-96/03 and C-97/03
A. Tempelman and Mr and Mrs T.H.J.M. van Schaijk
v
Directeur van de Rijksdienst voor de keuring van Vee en Vlees
(References for a preliminary ruling from theCollege van Beroep voor het bedrijfsleven)
(Agriculture – Control of foot-and-mouth disease – Protective measures adopted in addition to the measures provided for in Directive 85/511/EEC – Powers of the Member States)
Opinion of Advocate General Poiares Maduro delivered on 2 December 2004
Judgment of the Court (Third Chamber), 10 March 2005.
Summary of the Judgment
Agriculture – Approximation of laws – Control of foot-and-mouth disease – Directive 85/511 – Additional national measures to control the disease based on Directive 90/425 – Whether permissible – Conditions
(Council Directives 85/511, as amended by Directive 90/423, and 90/425, Art. 10(1))
Since foot-and-mouth disease is a disease which constitutes a serious hazard for animals, Article 10 (1) of Directive 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market confers on Member States the power to adopt measures to control the disease in addition to those provided for in Directive 85/511 introducing Community measures for the control of foot-and-mouth disease, as amended by Directive 90/423. Member States have, in particular, the power to order the slaughter of animals belonging to a holding adjacent to or within a specific radius of a holding containing infected animals.
Such measures must however be adopted in compliance with the objectives pursued by the Community rules in force and, more particularly, Directive 85/511, as amended by Directive 90/423, the general principles of Community law, such as the principle of proportionality, and the obligation to communicate laid down in Article 10 (1) of Directive 90/425.
(see para. 52, operative part)
JUDGMENT OF THE COURT (Third Chamber)10 March 2005(1)
(Agriculture – Control of foot-and-mouth disease – Protective measures adopted in addition to the measures provided for in Directive 85/511/EEC – Powers of the Member States)
v
THE COURT (Third Chamber),,
after hearing the Opinion of the Advocate General at the sitting on 2 December 2004,
gives the following