Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC – European Convention on the Protection of Animals Kept for Farming Purposes – Recommendation concerning Cattle – Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation – Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State – Quantitative restrictions on exports – Exhaustive harmonisation – Validity of the Directive
Times 02-Apr-1998, [1998] ECR I-1251, [1998] EUECJ C-1/96
Bailii, Bailii
EC Treaty 34 36, Directive 91/629/EEC
England and Wales
Cited by:
See Also – Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs Admn 27-Nov-2003
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly . .
See Also – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.
European, Commercial, Animals, Agriculture
Updated: 14 January 2022; Ref: scu.563234