Official Journal of the European Union

C 232/5

(Case C-346/09) (*)

(Agriculture - Animal health - Directive 90/425/EEC - National temporary regulation intended to combat the spread of bovine spongiform encephalopathy by prohibiting the production of and trading in processed animal proteins for feeding to farmed animals - Application of that regulation before the entry into force of Decision 2000/766/EC requiring such prohibition - Application of that regulation to two products eligible for exemption from the prohibition required by that decision - Compatibility with Directive 90/425/EEC and Decisions 94/381/EC and 2000/766/EC)

(2011/C 232/07)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: Staat der Nederlanden

Respondents: Denkavit Nederland BV, Cehave Landbouwbelang Voeders BV, Arie Blok BV, Internationale Handelsmaatschappij‘Demeter’ BV

Re:

Reference for a preliminary ruling — Gerechtshof ’s-Gravenhage — Interpretation of: Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ 1990 L 224, p. 29); Commission Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (OJ 1994 L 172, p. 23); Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJ 2000 L 306, p. 32); and Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (OJ 2001 L 2, p. 32) — National legislation prohibiting the production and marketing of processed animal proteins for feeding farm animals — Date of entry into force and transitional period

Operative part of the judgment

The law of the European Union, in particular Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market, Commission Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein and Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, does not preclude national legislation which, with a view to affording protection against bovine spongiform encephalopathy, imposed a temporary prohibition on the production of and trading in processed animal proteins for feeding to farmed animals if the situation in the Member State concerned was so urgent as to justify the immediate adoption of such measures on serious grounds of public or animal health. It is for the referring court to establish whether that condition was met and the principle of proportionality observed.

*

Language of the case: Dutch