Donkersteeg (Approximation of laws) [2000] EUECJ C-37/99 (16 November 2000)

Donkersteeg (Approximation of laws) [2000] EUECJ C-37/99 (16 November 2000)

Neither the requirement for disinfectant containers nor the requirement for pig vaccination constitutes a technical regulation under Directive 83/189/EEC, as neither defines product characteristics nor imposes compulsory conditions for marketing or use. Therefore, notification to the Commission was not required, and the provisions remain applicable.

Citation
[2000] EUECJ C-37/99
Parties
Defendant: Mr Donkersteeg; Intervener: Netherlands Government; Intervener: Danish Government; Intervener: United Kingdom Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
16 November 2000
Procedural Posture
Preliminary Ruling (ecj) / Referral From Hoge Raad Der Nederlanden
Outcome
Preliminary ruling issued; national provisions not technical regulations under Directive 83/189/EEC.
Legal Topics
Technical Regulations, Notification Requirements, Directive 83/189/eec, Agricultural Production Standards, Animal Health Regulations
European Union Law Criminal Law Agricultural Law Technical Regulations Notification Requirements Directive 83/189/eec Agricultural Production Standards Animal Health Regulations

Case Brief

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Parties

Mr Donkersteeg

Defendant

Netherlands Government

Intervener

Danish Government

Intervener

United Kingdom Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (ecj) / Referral From Hoge Raad Der Nederlanden

Legal Issues

  1. 1 Whether national provisions requiring disinfectant facilities and pig vaccination are 'technical regulations' under Directive 83/189/EEC
  2. 2 Whether failure to notify such provisions to the Commission affects their applicability

Ratio Decidendi

Neither the requirement for disinfectant containers nor the requirement for pig vaccination constitutes a technical regulation under Directive 83/189/EEC, as neither defines product characteristics nor imposes compulsory conditions for marketing or use. Therefore, notification to the Commission was not required, and the provisions remain applicable.

Court Disposition

Preliminary ruling issued; national provisions not technical regulations under Directive 83/189/EEC.

Orders

  • A provision requiring disinfectant containers or cleaning facilities for footwear on pig farms is not a technical regulation under Directive 83/189/EEC and need not be notified to the Commission.
  • A provision requiring vaccination of pigs against Aujeszky's disease is not a technical regulation under Directive 83/189/EEC and need not be notified to the Commission.