Avis juridique important

61988J0088

European Court reports 1989 Page 01959 Pub.RJ Page Pub somm

Summary

Agriculture - Common organization of the markets - Poultry meat - Marketing standards - Water content of frozen and deep-frozen chickens, hens and cocks - Conditions under which checks are conducted - Determination by the Member States - Temporary suspension of marketing - Permissibility - Limits ( Council Regulation No 2967/76, Art . 3(2 ) )

The second indent of the second subparagraph of Article 3(2 ) of Regulation No 2967/76, laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks, provides that the Member States are to adopt practical measures for checks on the water content of frozen poultry and states that the Member States are to ensure that those checks do not result in unjustified obstacles being placed in the way of the marketing of the poultry concerned. That provision does not preclude national legislation under which the marketing of any batch from which a sample has been taken must be prohibited until the inspection procedure has been completed. However, such suspension of marketing may not exceed the time needed for an effective inspection.

Parties

In Case 88/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht ( Federal Administrative Court ) for a preliminary ruling in the proceedings pending before that court between REWE-Handelsgesellschaft Nord mbH and UEberwachungsstelle fuer Milcherzeugnisse und Handelsklassen ( Supervisory Bureau for Dairy Products and Goods Classification ) on the interpretation of the second indent of the second subparagraph of Article 3(2 ) of Council Regulation No 2967/76 of 23 November 1976 laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks ( Official Journal 1976, L 339, p . 1 ), THE COURT ( Second Chamber ) composed of : T . F . O' Higgins, President of the Chamber, G . F . Mancini and F . A . Schockweiler, Judges, ( the grounds of the judgment are not reproduced ) in answer to the question referred to it by the Bundesverwaltungsgericht, by order of 10 December 1987, hereby rules :

Operative part

The second indent of the second subparagraph of Article 3(2 ) of Regulation No 2967/76 does not prohibit national rules under which any batch of goods from which a sample has been taken must be withheld from the market until the inspection procedure has been completed. Nevertheless, such a suspension of marketing may not exceed the time needed for an effective inspection.