Judgment of the Court (First Chamber) of 19 March 2009 — Commission of the European Communities v Federal Republic of Germany

(Case C-270/07) (1)

(Failure of a Member State to fulfil obligations - Common agricultural policy - Fees relating to veterinary inspections and controls - Directive 85/73/EEC - Regulation (EC) No 882/2004)

2009/C 113/09

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: F. Erlbacher and A. Szmytkowska, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, acting as Agents, and by U. Karpenstein, Rechtsanwalt)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 1 and Article 5(3) and (4) of Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1985 L 32, p. 14), as amended by Council Directive 97/79/EC of 18 December 1997 (OJ 1997 L 24, p. 31), and of Article 27(2), (4) and (10) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ 2004 L 165, p. 1), as amended by Commission Regulation (EC) No 776/2006 of 23 May 2006 (OJ 2006 L 136, p. 3) — National rules on the health inspection of meat also allowing, over and above the Community fee, the collection of an additional specific fee equivalent to the costs of bacteriological examinations of fresh meat

Operative part of the judgment

The Court:

(1)  OJ C 199, 25.8.2007.