Keywords
Summary

Keywords

1 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - PURPOSE

( EEC TREATY , ART . 169 )

2 . ACTION FOR FAILURE OF A STATE TO FULFIL ITS OBLIGATIONS - PRE-LITIGATION PROCEDURE - INITIAL LETTER SETTING OUT COMPLAINTS IN GENERAL - REASONED OPINION - CLARIFICATION OF COMPLAINTS - PERMISSIBILITY

( EEC TREATY , ART . 169 )

3 . AGRICULTURE - APPROXIMATION OF LAWS ON ANIMAL HEALTH - FRESH POULTRYMEAT - INTRA-COMMUNITY TRADE - POWERS OF MEMBER STATES - CONDITIONS AND LIMITS

( EEC TREATY , ARTS 30 AND 36 ; COUNCIL DIRECTIVE 71/118 , ART . 11(1 ))

4 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF ANIMAL HEALTH - IMPORT LICENSING SYSTEM - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 36 )

Summary

1 . BY FORMALLY STATING THE INFRINGEMENT OF THE TREATY WITH WHICH THE MEMBER STATE CONCERNED IS CHARGED , THE REASONED OPINION CONCLUDES THE PRE-LITIGATION PROCEDURE PROVIDED FOR IN ARTICLE 169 . THE PURPOSE OF THAT PROCEDURE IS TO GIVE THE MEMBER STATE AN OPPORTUNITY , ON THE ONE HAND , OF REMEDYING THE POSITION BEFORE THE MATTER IS BROUGHT BEFORE THE COURT AND , ON THE OTHER HAND , OF PUTTING FORWARD ITS DEFENCE TO THE COMMISSION ' S COMPLAINTS .

2 . ALTHOUGH IT IS TRUE THAT UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 169 THE ACTION BROUGHT BY THE COMMISSION MUST RELATE TO THE SAME SUBJECT-MATTER AS THE REASONED OPINION , WHICH MUST IN TURN BE PRECEDED BY A LETTER INVITING THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS , THERE IS NOTHING TO PREVENT THE COMMISSION FROM SETTING OUT IN DETAIL IN THE REASONED OPINION THE COMPLAINTS WHICH IT HAS ALREADY MADE MORE GENERALLY IN ITS INITIAL LETTER . INDEED , THE REPLY TO THAT LETTER MY GIVE RISE TO A FRESH CONSIDERATION OF THOSE COMPLAINTS .

3 . ARTICLE 11 ( 1 ) OF DIRECTIVE 71/118 MUST BE UNDERSTOOD AS LEAVING THE MEMBER STATES POWER TO LAY DOWN HEALTH CONTROL PROVISIONS FOR INTRA- COMMUNITY TRADE IN FRESH POULTRYMEAT , PENDING THE ADOPTION OF COMMUNITY MEASURES . THAT PROVISION CANNOT HAVE THE EFFECT OF RELIEVING MEMBER STATES OF THEIR OBLIGATION TO COMPLY WITH THE PROHIBITIONS LAID DOWN IN ARTICLES 30 AND 36 OF THE TREATY IN THE FIELD WHICH IT COVERS .

4 . THE QUESTION WHETHER OR NOT NATIONAL MEASURES ON ANIMAL HEALTH MAY INCLUDE AN IMPORT LICENSING SYSTEM WITHOUT INFRINGING ARTICLE 36 OF THE TREATY CANNOT BE ANSWERED UNIFORMLY IN EVERY CASE . IN FACT , THE REPLY TO THAT QUESTION DEPENDS UPON THE RELATIONSHIP IN AN INDIVIDUAL CASE BETWEEN , ON THE ONE HAND , THE INCONVENIENCE CAUSED BY THE ADMINISTRATIVE AND FINANCIAL BURDENS IMPOSED UNDER SUCH A SYSTEM AND , ON THE OTHER HAND , THE DANGERS AND RISKS FOR ANIMAL HEALTH RESULTING FROM THE IMPORTS IN QUESTION .