European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The protection of animal welfare is a legitimate objective of general interest which is now dealt with under Article 13 TFEU . The Court of Justice thus accepted the institution of protected zones for threatened animal populations such as Læsø brown bees  and phytosanitary inspections on the import of apples . 
A national measure is held disproportionate in relation to the objective of protection  …

Protection of animals and plants

The protection of animal welfare is a legitimate objective of general interest which is now dealt with under Article 13 TFEU . The Court of Justice thus accepted the institution of protected zones for threatened animal populations such as Læsø brown bees  and phytosanitary inspections on the import of apples . 

A national measure is held disproportionate in relation to the objective of protection of animal health where the risk of animals being infected is extremely slight  or where less restrictive measures exist . A regulation cannot be stricter than a full harmonization directive . Secondary European legislation aimed at ensuring the protection of endangered species in accordance with CITES  does not however prevent any Member State from introducing more stringent measures, as long as they comply with the proportionality requirement .

The needs of plant production must be, in all cases, combined with the requirements of protection of human and animal health given the progress of scientific knowledge in the matter . 

Article 13 TFEU: "In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage".

Case C-67/97 Criminal proceedings against Bluhme [1998] ECR I-8033, LawLex200900001092JBJ.

Case 4/75 Rewe Zentralfinanz v Landwirtschaftskammer Bonn [1975] ECR 843, LawLex200900001969JBJ.

Case 40/82 Commission v United Kingdom [1984] ECR 283, LawLex200900002192JBJ and Case 74/82 Case 174/82 Sandoz [1983] ECR 2445, LawLex200900001604JBJ (Newcastle disease).

Obligation for imported live animals to be accompanied by a health certificate drawn up by their State of origin, where obtaining the information of use to it, by means of declarations signed by the importers, would have been sufficient: Case C-304/88, LawLex200500006355JBJ; Case C-350-97 Monsees [1999] ECR I-2921, LawLex200700001901JBJ, national rules resulting in making all international transit by road of animals for slaughter almost impossible in the territory of a Member State where extremely detailed rules on journey times, feeding and watering intervals, resting periods and space allowances would have make it possible to reach the same objective.

Case C-169/89 Criminal proceedings against Van den Burg [1990] ECR I-2143, LawLex200900000692JBJ (Council Directive No 79-409-EEC of 2 April 1979 on the conservation of wild birds); Case C-1/96 The Queen v Minister of Agriculture, Fisheries and Food, ex parte Compassion in World Farming [1998] ECR I-1251, LawLex200900000283JBJ (Council Directive No 91-629-EEC of 19 November 1991 laying down minimum standards for the protection of calves).

Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted in Washington on 3 March 1973.

Case C-510/99 Tridon [2001] ECR I-7777, LawLex200600002312JBJ. Trade in endangered wild fauna and flora is governed by Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 298 of 1 November 1997, 70 (See also Commission Regulation (EC) No 811/2008 of 13 August 2008 suspending the introduction into the Community of specimens of certain species of wild fauna and flora, OJ L 219 of 14 August 2008, 17-39).

Case 94/83 Heijn [1984] ECR 3263, LawLex200900002209JBJ and Case 54/85 Ministère public v Mirepoix [1986] ECR 1067, LawLex200900002237JBJ (protection of plants against a pesticide for which a new use has been discovered).

European Business Law

51. Protection of animals and plants

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

51. Protection of animals and plants

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise