«(Veterinary medicinal products – Directives 81/851/EEC and 90/676/EEC)»

1.. Preliminary rulings – Questions submitted to the Court – Need for a preliminary ruling and relevance of the questions submitted – Determination by the national court – Possibility for the parties to alter the wording of the questions – Not possible (EC Treaty, Art. 177)

2.. Approximation of laws – Veterinary medicinal products – Prohibitions laid down by Directive 81/851 – Scope – Parallel application of Articles 30 and 36 of the Treaty – Not permissible (EC Treaty, Arts 30 and 36; Council Directive 81/851, Art. 4, and Council Directives 90/676 and 93/40)

JUDGMENT OF THE COURT (First Chamber) 21 March 1996 (1)

((Veterinary medicinal products – Directives 81/851/EEC and 90/676/EEC))

In Case C-297/94,

REFERENCE to the Court under Article 177 of the EC Treaty by the Belgian Conseil d'État for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 4(2) of Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to veterinary medicinal products (OJ 1981 L 317, p. 1), in its original version and as amended by Council Directive 90/676/EEC of 13 December 1990 (OJ 1990 L 373, p. 15),

THE COURT (First Chamber),,

composed of: D.A.O. Edward, President of the Chamber, P. Jann and L. Sevón (Rapporteur), Judges,

Advocate General: M.B. Elmer,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Dominique Bruyère and Thierry Charlier and Union Syndicale Vétérinaire Belge, represented by Denis Philippe; Eric Basseleer and others, represented by André Renette; the Belgian State, represented by Philippe Coenraets and Delphine de Norre, of the Brussels Bar, and the Commission, represented by Richard Wainwright, at the hearing on 6 July 1995,

after hearing the Opinion of the Advocate General at the sitting on 17 October 1995,

gives the following

However, where the health situation so requires, a Member State may authorize the placing on the market or administration to animals of veterinary medicinal products which have been authorized by another Member State in accordance with this Directive.In the event of a serious disease epidemic, the States may provisionally allow the use of immunological veterinary medicinal products without an authorization for placing on the market, in the absence of a suitable medicinal product and after informing the Commission of the detailed conditions of use....

...

...

On those grounds,

THE COURT (First Chamber),

in answer to the questions referred to it by the Belgian Conseil d'État, by judgment of 12 October 1994, hereby rules:

Edward

Jann

Sevón

Delivered in open court in Luxembourg on 21 March 1996.

R. Grass

D.A.O. Edward

Registrar

President of the First Chamber