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CJEU Joined Cases C-20/00 and C-64/00 / Opinion

Booker Aquacultur Ltd (C-20/00) and Hydro Seafood GSP Ltd (C-64/00) v The Scottish Ministers

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
20/09/2001

Key facts of the case:

References for a preliminary ruling from the Court of Session (Scotland), Edinburgh (United Kingdom)

((Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases – Destruction of fish stocks infected by viral haemorrhagic septicaemia ( VHS) – Compensation – Obligations of the Member State – Protection of fundamental rights, particularly the right of property – Validity of Directive 93/53))

Outcome of the case:

Having regard to the conclusions I have reached in respect of the various questions submitted by the national court for a preliminary ruling, I propose that the Court reply as follows:

(1) In Case C-20/00

to the first question, that:

Where, in implementation of an obligation under Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases, to take control measures for an outbreak of a List II disease on an approved farm or in an approved zone, a Member State adopts a domestic measure the application of which results in the destruction and slaughter of fish, the principles of Community law relating to the protection of fundamental rights, in particular the right of property, are not to be interpreted as having placed on the Member State the obligation to adopt measures providing for the payment of compensation

(a) to an owner of fish which are destroyed; and

(b) to an owner of fish which are required to be slaughtered immediately, thereby necessitating the immediate sale of those fish by that owner,

and not to reply to the second and third questions.

(2) In Case C-64/00

to the first question, that:

Where, in implementation of an obligation under Council Directive 93/53 to take control measures for an outbreak of a List I disease on an approved farm or in an approved zone, a Member State adopts a domestic measure the application of which results in the destruction and slaughter of fish, the principles of Community law relating to the protection of fundamental rights, in particular the right of property, are not to be interpreted as having placed on the Member State the obligation to adopt measures providing for the payment of compensation

(a) to an owner of fish which are destroyed; and

(b) to an owner of fish which are required to be slaughtered immediately, thereby necessitating the immediate sale of those fish by that owner,

not to reply to the second and third questions and to reply to the fourth question that:

Examination of Directive 93/53 in the light of the need to respect the right of property reveals no factors affecting its validity.