swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Animals - From: 1980 To: 1984
This page lists 1 cases, and was prepared on 02 April 2018.
Commission v United Kingdom (Judgment) Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland C-40/82; [1982] EUECJ C-40/82; [1984] EUECJ C-40/82
15 Jul 1982
ECJ
European, Animals
Europa Failure of a State to fulfil its obligations - Protection of animal health. 1. Although under article 36 of the treaty it is for each of the member states to determine, and, if appropriate, to alter its policy relating to animal health, the effects of health policy on imports from other member states cannot exceed the limits laid down by community law.
2. The second sentence of article 36 is designed to prevent restrictions on trade mentioned in the first sentence of that article from being diverted from their proper purpose and used in such a way as either to create discrimination in respect of goods originating in other member states or indirectly to protect certain national products.
In so far as certain facts suggest that the real aim of health measures adopted by a member state is to block, for commercial and economic reasons, imports from other member states and inasmuch as it cannot be shown that, for reasons of animal health, the only possibility open to the member state concerned was to apply those measures and that they were therefore not more restrictive than was necessary for the intended purpose, the measures in question constitute a disguised restriction within the meaning of the second sentence of article 36.
[ Bailii ] - [ Bailii ]
