Food Law News - EU - 1998

5 May 1998: BSE - Judgement of the Court (Case C-180/96),


Judgement of the Court (Case C-180/96), 5 May 1998

APPLICATION for annulment of Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy (OJ 1996 L 78, p. 47) and of certain other acts of the Commission,

Extracts from Judgment [For full text,
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1. By application lodged at the Court Registry on 24 May 1996, the United Kingdom brought an action under Article 173 of the EC Treaty for annulment of Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy (OJ 1996 L 78, p. 47, hereinafter 'the contested decision‘) and of certain other acts of the Commission.

2. By a separate document of the same date, it also applied for suspension of the operation of the contested decision and/or certain interim measures. That application was dismissed by order of the Court of 12 July 1996 in Case C-180/96 R United Kingdom v Commission [1996] ECR I-3903.

THE COURT hereby:

1. Declares the action brought by the United Kingdom of Great Britain and Northern Ireland inadmissible in so far as it seeks annulment of the Commission's statements of position of 10 April, 13 April and 8 May 1996;

2. Dismisses the action brought by the United Kingdom of Great Britain and Northern Ireland in so far as it seeks annulment of Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy;


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