LUXEMBOURG: DUTCH FAILED ON ANIMAL FEEDSTUFF DIRECTIVE, RULES COURT.
Date: Jan 17, 1995
LUXEMBOURG, Jan 17 (Reuter) - The European Court of Justice ruled on Tuesday that the Netherlands government failed to transpose a directive designed to prevent disease-causing agents arising in animal-based feedstuffs which it should have made Dutch law by the beginning of 1992.
The Dutch government admitted the delay in transposing directive 90/667/EEC concerning the disposal and processing of animal waste, its placing on the European market and the prevention of pathogens in feedstuffs of animal or fish origin.
It said the delay had been caused by the need to significantly amend its national laws, but added that measures to do so were currently before the Dutch parliament.
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EXCERPTS FROM THE JUDGMENT
(Court translation. Language of the case: Dutch)
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JUDGMENT OF THE COURT (Fifth Chamber)
(Failure to fulfil obligations -- Council Directive 90/667/EEC -- Failure to transpose within the prescribed period)
In Case C-93/94,
Commission of the European Communities, applicant,
v
Kingdom of the Netherlands, defendant,
APPLICATION for a declaration that, by failing to adopt the measures necessary for the transposition of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EEC (OJ) 1990 L 363, p. 51), the Kingdom of the Netherlands has failed to fulfil its obligations under the EC Treaty
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THE JUDGMENT
The Court hereby:
1. Declares that, by failing to adopt the measures necessary for the transposition of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EEC, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 21 (1) of the first-mentioned directive;
2. Orders the Kingdom of the Netherlands to pay the costs.
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OTHER CASES CITED IN THE JUDGMENT
10/76 Commission v Italy (1976) ECR 1359
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