Judgment of the General Court of 9 September 2011 - France v Commission
(Animal health - Regulation (EC) No 999/2001 - Protection against transmissible spongiform encephalopathies - Sheep and goats - Regulation (EC) No 746/2008 - Adoption of less restrictive eradication measures than those earlier prescribed -Precautionary principle)
Language of the case: French
Parties
Applicant: French Republic (represented initially by E. Belliard, G. de Bergues, R. Loosli-Surrans and A.-L. During, then by E. Belliard, G. de Bergues, R. Loosli Surrans and B. Cabouat, agents)
Defendant: European Commission (represented by: M. Nolin, agent)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by I. Rao and C. Gibbs, then by I. Rao and L. Seeboruth, and then by L. Seeboruth and F. Penlington, agents, and T. Ward, Barrister)
Re:
Annulment of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annex VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11), in that it authorises less restrictive measures of surveillance and eradication than those earlier prescribed for sheep and goat herds.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the French Republic to bear its own costs and to pay those of the European Commission in respect of the main proceedings and the proceedings for interim measures;
Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
____________1 - OJ C 211, 8.9.2007.