Keywords
Summary

Keywords

Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Restrictions on the transport of live animals for slaughter - Obstacle to international transport - Not permissible - Justification put forward - Protection of health of animals - No justification

(EC Treaty, Arts 30, 34 and 36 (now, after amendment, Arts 28 to 30 EC))

Summary

On a correct interpretation of Articles 30, 34 and 36 of the Treaty (now, after amendment, Articles 28 to 30 EC), a Member State is prevented from restricting the transport by road of animals for slaughter by requiring such transport to be carried out only as far as the nearest suitable abattoir within national territory and under conditions such that, upon observance of the motor vehicle and traffic regulations, a total journey time of six hours and a distance of 130 kilometres are not exceeded, account being taken of only half of the kilometres actually travelled on a motorway.

Such a measure constitutes an obstacle to international transport as regards both journeys to or from national territory and transit through it and is not justified on grounds of the protection of the health and life of animals, given that measures appropriate to that objective and less restrictive of the free movement of goods are conceivable.