ECJ (Judgment) Preliminary reference – Protection of plant health – Directive 2000/29 / EC – Protection against the introduction and spread in the EU of organisms harmful to plants or plant products – Implementing Decision (EU) 2015/789 – measures to prevent the introduction and spread in the Xylella fastidiosa Union (Wells and Raju) – Article 6, paragraph 2 a) – Obligation to carry out the immediate removal of host plants, whatever their health status, in a 100 meter radius around the infected plant – Validity – Article 16, paragraph 3 of Directive 2000/29 – Principle of proportionality – precautionary principle – Obligation to state reasons – Right to compensation
Citations:
ECLI:EU:C:2016:428, C-78/16, [2016] EUECJ C-78/16
Links:
Statutes:
Jurisdiction:
European
Environment
Updated: 08 September 2022; Ref: scu.565628