Community law does not preclude Danish legislation designed to protect the Læsø brown bee, which is threatened with extinction in the event of cross-breeding with other bee species
In order to protect an indigenous population of bees in specific areas, a Danish legislative decree provides that only nectar-gathering bees of the subspecies Apis mellifera mellifera (Læsø brown bee) may be kept on the island of Læsø and certain neighbouring islands. The legislation also prohibits the importation onto Læsø of live domestic bees or reproductive material for them.
Mr Bluhme, who is being prosecuted before the Kriminalret i Frederikshavn (Criminal Court, Frederikshavn) for keeping on Læsø bees other than Læsø brown bees, considers that the Danish legislation hinders the free movement of goods. The Kriminalret therefore decided to refer to the Court of Justice the question as to whether the legislation complies with Community law.
The Court has held that, in the absence of any harmonisation of the laws of Member States on the marketing of bees, national laws remain applicable subject to compliance with the EC Treaty.
It acknowledged that, by prohibiting the importation of bees onto the island concerned, the legislation in question was capable of hindering trade between Member States and therefore constituted a measure having an effect equivalent to a quantitative restriction. Nevertheless, the Court recognised that measures to preserve an indigenous animal population with distinct characteristics contribute to the maintenance of biodiversity by ensuring the survival of the population concerned. They are thus intended to protect the life of those animals and may be justified on that ground.
Since the Læsø brown bee is in danger of disappearance as a result of cross-breeding with the golden bee, the Court found that the establishment of a protection area such as the one on Læsø is a measure appropriate to the aim of protecting the species and is therefore in accordance with Community law.
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