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Case C-346/09: Reference for a preliminary ruling from the Gerechtshof’s-Gravenhage (Netherlands) lodged on 28 August 2009 — State of the Netherlands v Denkavit Nederland b.v. and Others
ECLI:EU:UNKNOWN:62009CN0346
62009CN0346
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21.11.2009
Official Journal of the European Union
C 282/25
(Case C-346/09)
2009/C 282/44
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant
: State of the Netherlands
Defendants
-Arie Blok b.v.,
-Cehave b.v.,
-Demeter b.v.
Question referred
Must Community law, and specifically Directive 90/425/EEC, Decision 94/381/EC and Decision 2000/766/EC, be interpreted as meaning that any national prohibition, such as that laid down in Article 2 of the Tijdelijke regeling, which, with a view to affording protection against BSE, prohibits the production of and trading in processed animal proteins intended for feeding to farmed animals, is incompatible with those provisions if such a national prohibition
—entered into force on 15 December 2000 (and so before Decision 2000/766/EC) and
—also applied temporarily (until Decision 2001/9/EC of 29 December 2000 entered into force) to fishmeal and dicalcium phosphate?
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 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 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 L 306, p. 32).
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).