Key facts of the case:
References for a preliminary ruling fromthe Court of Session (Scotland) «(Directive 93/53/EEC – Destruction of fish stocks infected by viral haemorrhagic septicaemia (VHS) and infectious salmon anaemia (ISA) – Compensation – Obligations of the Member State – Protection of fundamental rights, particularly of the right to property – Validity of Directive 93/53)»
Outcome of the case:
On those grounds, THE COURT, in answer to the questions referred to it by the Court of Session (Scotland) by orders of 11 January and 18 February 2000, hereby rules:
- Examination of the fourth question referred for a preliminary ruling in Case C-64/00 has disclosed no factor of such a kind as to affect the validity of Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases, by reason of its laying down minimum measures to control diseases in List I in Annex A to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products, as amended by Council Directive 93/54/EEC of 24 June 1993, without providing for compensation for owners affected by those measures.
- The measures for the immediate destruction and slaughter of fish implemented by a Member State in order to control List I and II diseases in the context of the application of Directive 93/53, which are, respectively, identical and similar to the minimum measures which the Community has laid down for List I diseases and which do not provide for compensation, are not, in circumstances such as those in the main proceedings, incompatible with the fundamental right to property.
- In circumstances such as those in the main proceedings, the fact that the outbreak of the disease is due or not due to the fish owner's fault has no bearing on the compatibility with the fundamental right to property of the measures imposed by a Member State in order to control List I and II diseases in the context of the application of Directive 93/53.