Zoofachhandel Zupke and Others v Commission (Judgment) French Text [2016] EUECJ T-817/14 (17 March 2016)

Zoofachhandel Zupke and Others v Commission (Judgment) French Text [2016] EUECJ T-817/14 (17 March 2016)

The Tribunal held that the Commission did not commit a sufficiently serious breach of EU law. The regulations in question were based on a broad discretion conferred by the relevant directives, aimed at protecting animal and public health, and were justified by the scientific uncertainty and global risk of avian...

Source-derived case information.

Citation
[2016] EUECJ T-817/14
Parties
Applicant: Zoofachhandel Züpke GmbH; Zoohaus Bürstadt, Helmut Ofenloch GmbH & Co. KG; Zoofachgeschäft - Vogelgroßhandel Import-Export Heinz Marche; Rita Bürgel; Norbert Kass; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Action for Damages (recours En Indemnité) / Final Judgment
Outcome
Action dismissed
Legal Topics
Non Contractual Liability of the EU, Import Restrictions, Proportionality, Precautionary Principle, Fundamental Rights (freedom to Conduct a Business, Property Rights), Animal Health Law
European Union Law Administrative Law Public Health Law Non Contractual Liability of the EU Import Restrictions Proportionality Precautionary Principle Fundamental Rights (freedom to Conduct a Business, Property Rights) +1 more

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Parties

Zoofachhandel Züpke GmbH; Zoohaus Bürstadt, Helmut Ofenloch GmbH & Co. KG; Zoofachgeschäft - Vogelgroßhandel Import-Export Heinz Marche; Rita Bürgel; Norbert Kass

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Damages (recours En Indemnité) / Final Judgment

  1. 1 Whether the Commission committed a sufficiently serious breach of EU law by adopting import restrictions on wild-caught birds, engaging the non-contractual liability of the Union.
  2. 2 Whether the regulations violated the principles of proportionality, precaution, and fundamental rights (freedom to conduct a business, professional freedom, property rights).

Ratio Decidendi

The Tribunal held that the Commission did not commit a sufficiently serious breach of EU law. The regulations in question were based on a broad discretion conferred by the relevant directives, aimed at protecting animal and public health, and were justified by the scientific uncertainty and global risk of avian influenza. The requirement that imported birds come from approved breeding establishments, effectively excluding wild-caught birds, was not a manifestly inappropriate or disproportionate measure. The applicants failed to demonstrate that any country or continent was durably free from avian influenza or that wild-caught birds posed no risk. Therefore, no violation of the principles...

Court Disposition

Action dismissed

Orders

  • The application is dismissed.
  • Applicants are ordered to pay the costs.