In Case E-8/24, Nordsjø Fjordbruk AS v the Norwegian State, represented by the Ministry of Trade, Industry and Fisheries (Nærings- og fiskeridepartemented) – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett), concerning the interpretation of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’), the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Bernd Hammermann and Michael Reiertsen, Judges, gave judgment on 12 December 2024, the operative part of which is as follows:

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’), and in particular Article 269(1) thereof, permits the competent authorities to adopt a measure such as that at issue in the main proceedings, namely refusing to approve an operating plan of an aquaculture establishment at sea because the implementation of the operating plan would entail an unacceptable risk of the spread of disease. However, such a measure must comply with the requirements of the Regulation as regards risk assessment and management, and therefore in particular result from a specific risk assessment that is objective, independent and transparent and must not be based on a mere hypothetical risk.