European Court of Justice Ruling on Avian Influenza Protection Measures

Strategic Insights -

The European Court of Justice's General Court has issued a judgment in the case of Animal Trading Company (ATC) BV and others v. European Commission, relating to the Commission's decision to impose protective measures to prevent the spread of highly pathogenic avian influenza (HPAI) in the European Union. The applicants, who are importers of birds caught in the wild, argued that the measures adopted by the Commission were disproportionate and breached EU law.

Key Takeaways:

  • The General Court held that the Commission's decision to adopt protective measures, including a ban on imports of birds caught in the wild, was justified by the risk of the spread of HPAI in the EU.
  • The Court found that the applicants had not demonstrated that the measures adopted by the Commission were disproportionate or that they breached EU law.
  • The judgment confirms the Commission's ability to adopt protective measures in relation to animal health, including the power to impose bans on imports of animals that are considered to pose a risk to animal or human health.
  • The Court also emphasized the importance of the precautionary principle in EU law and the duty of diligence owed by the Commission to ensure the protection of animal and human health.
  • Article 18(1) of Directive 91/496 provides for the adoption of protective measures by the Commission in the event of a disease or threat to animal or human health, and Article 17(2) and (3) of Directive 92/65 sets out the conditions for the importation of animals from third countries.
  • The judgment may have implications for the importation of birds caught in the wild and may affect the livelihoods of those involved in the bird trade.
  • The Commission's Decision 2005/760/EC, adopted on 27 October 2005, authorized imports of birds from certain third countries subject to certain conditions, which were later extended by Commission Regulation (EC) No 318/2007.

Statistics:

  • The H5N1 virus, a subtype of the avian influenza virus, is one of the causes of highly pathogenic avian influenza (HPAI) (Source: EFSA Journal [2005] 266, 1-21).
  • The Commission's decision to adopt protective measures was motivated by the risk of the spread of HPAI in the EU, which had been identified by the scientific data available at the time (Source: Commission Decision 2005/760/EC).
  • The judgment may have implications for the livelihoods of those involved in the bird trade, with some importers potentially being affected by the Commission's decision (Source: Animal Trading Company (ATC) BV and others v. European Commission).

Sources:

  • Case T-333/10, Animal Trading Company (ATC) BV and others v. European Commission, Judgment of the General Court (First Chamber) of 16 September 2013.
  • Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ 1991 L 268, p. 56).
  • Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries (OJ 2005 L 285, p. 60).
  • Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (OJ 2007 L 84, p. 7).
  • EFSA Journal [2005] 266, 1-21, 'The animal health and welfare aspects of avian influenza'.