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Document 62000CJ0020
Judgment of the Court of 10 July 2003.#Booker Aquacultur Ltd (C-20/00) and Hydro Seafood GSP Ltd (C-64/00) v The Scottish Ministers.#Reference for a preliminary ruling: Court of Session (Scotland) - United Kingdom.#(Directive 93/53/EEC - Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) - Compensation - Obligations of the Member State - Protection of fundamental rights, particularly of the right to property - Validity of Directive 93/53).#Joined cases C-20/00 and C-64/00.
Judgment of the Court of 10 July 2003.
Booker Aquacultur Ltd (C-20/00) and Hydro Seafood GSP Ltd (C-64/00) v The Scottish Ministers.
Reference for a preliminary ruling: Court of Session (Scotland) - United Kingdom.
(Directive 93/53/EEC - Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) - Compensation - Obligations of the Member State - Protection of fundamental rights, particularly of the right to property - Validity of Directive 93/53).
Joined cases C-20/00 and C-64/00.
Judgment of the Court of 10 July 2003.
Booker Aquacultur Ltd (C-20/00) and Hydro Seafood GSP Ltd (C-64/00) v The Scottish Ministers.
Reference for a preliminary ruling: Court of Session (Scotland) - United Kingdom.
(Directive 93/53/EEC - Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) - Compensation - Obligations of the Member State - Protection of fundamental rights, particularly of the right to property - Validity of Directive 93/53).
Joined cases C-20/00 and C-64/00.
European Court Reports 2003 I-07411
ECLI identifier: ECLI:EU:C:2003:397
** AFFAIRE C-20/0 **
*A8* Court of Session, Outer House, Outer House, judgment of 28/05/1998
- European Law Reports of Cases in the United Kingdom and Ireland 1999 p.54-87 (*)
- Bulletin of Legal Developments 1998 p.208-209 (résumé)
- The Times 24/09/98 (résumé)
*A9* Court of Session (Scotland), Edinburgh, Inner House, judgment of 11/01/2000
- Current Law - Monthly Digest 2001 Part 1 nº 660 (résumé)
- European Current Law 2001 Part 3 nº 79 (résumé)
- European Law Reports of Cases in the United Kingdom and Ireland 2000 p.449-480 (*)
- Session Cases 2000 S.C. p.9-28
- United Kingdom Human Rights Reports 2000 p.1-24
- O'Neill, Aidan: The Protection of Fundamental Rights in Scotland as a General Principle of Community Law - the case of Booker Aquaculture, European Human Rights Law Review 2000 p.18-32
** AFFAIRE C-64/0 **
*A9* Court of Session (Scotland), Edinburgh, judgment of 18/02/2000
«(Directive 93/53/EEC – Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) – Compensation – Obligations of the Member State – Protection of fundamental rights, particularly of the right to property – Validity of Directive 93/53)»
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(Council Directives 91/67, as amended by Annex A to Directive 93/54, and 93/53)
JUDGMENT OF THE COURT
10 July 2003 (1)
((Directive 93/53/EEC – Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) – Compensation – Obligations of the Member State – Protection of fundamental rights, particularly of the right to property – Validity of Directive 93/53))
In Joined Cases C-20/00 and C-64/00, REFERENCE to the Court under Article 234 EC by the Court of Session (Scotland) (United Kingdom) for a preliminary ruling in the proceedings pending before that court between Booker Aquaculture Ltd, trading as Marine Harvest McConnell (C-20/00), Hydro Seafood GSP Ltd (C-64/00)and
The Scottish Ministers, on the interpretation of the principles of Community law on the protection of fundamental rights, in particular of the right to property, and on the validity of Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (OJ 1993 L 175, p. 23),THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Booker Aquaculture Ltd, represented by P.S. Hodge QC and J. Mure, Hydro Seafood GSP Ltd, represented by A. O'Neill QC and E. Creally, The Scottish Ministers, represented by N. Paines QC and L. Dunlop, the United Kingdom Government, represented by G. Amodeo, acting as Agent, assisted by N. Paines QC, the Italian Government, represented by F. Quadri, the Council, represented by J. Carbery, and the Commission, represented by K. Fitch, at the hearing on 15 May 2001,
after hearing the Opinion of the Advocate General at the sitting on 20 September 2001,
gives the following
On those grounds,
THE COURT,
in answer to the questions referred to it by the Court of Session (Scotland) by orders of 11 January and 18 February 2000, hereby rules:
Rodríguez Iglesias |
Puissochet |
Schintgen |
Timmermans |
Gulmann |
Edward |
La Pergola |
Macken |
Colneric |
von Bahr |
Cunha Rodrigues |
|
R. Grass |
G.C. Rodríguez Iglesias |
Registrar |
President |