19.1.2017   

EN

Official Journal of the European Union

C 18/25


JUDGMENT OF THE COURT

of 1 February 2016

in Case E-17/15

Ferskar kjötvörur ehf. v The Icelandic State

(Jurisdiction — Article 8 EEA — Import of raw meat — Directive 89/662/EEC — Harmonisation of the regulatory regime for veterinary checks)

(2017/C 18/09)

In Case E-17/15, Ferskar kjötvörur ehf. v The Icelandic State — 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 Reykjavík District Court (Héraðsdómur Reykjavíkur) concerning the applicability of the provisions of the Agreement on the European Economic Area to the import to Iceland of raw meat products, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 1 February 2016, the operative part of which is as follows:

1.

The field of application of the EEA Agreement as defined in Article 8 EEA does not entail that an EEA State has discretion to set rules on the importation of raw meat products, since that discretion may be limited by provisions incorporated into an Annex to the EEA Agreement.

2.

It is not compatible with the provisions of Directive 89/662/EEC for an EEA State to enact rules demanding that an importer of raw meat products applies for a special permit before the products are imported, and requiring the submission of a certificate confirming that the meat has been stored frozen for a certain period prior to customs clearance.