31.8.2013
EN
Official Journal of the European Union
C 252/11
Judgment of the Court (Fourth Chamber) of 11 July 2013 — French Republic v European Commission, United Kingdom of Great Britain and Northern Ireland
(Case C-601/11 P) (1)
(Appeal - Action for annulment - Protection against transmissible spongiform encephalopathies - Regulation (EC) No 746/2008 - Regulation authorising less restrictive measures of surveillance and eradication than those previously laid down - Precautionary principle - Level of protection of human health - New elements capable of altering the perception of the risk - Failure to state reasons - Distortion of the facts - Error of law)
2013/C 252/17
Language of the case: French
Parties
Appellant: French Republic (represented by: E. Belliard, C. Candat, R. Loosli-Surrans, G. de Bergues and S. Menez, acting as Agents)
Other parties to the proceedings: European Commission (represented by: F. Jimeno Fernández and D. Bianchi, acting as Agents), United Kingdom of Great Britain and Northern Ireland
Re:
Appeal brought against the judgment of the General Court (Third Chamber, Extended Composition) of 9 September 2011 in Case T-257/07 France v Commission by which the General Court dismissed the application for annulment of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annex VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11) in so far as it authorises monitoring and eradication measures less restrictive than those previously prescribed for ovine and caprine flocks — Failure to state the reasons for the decision — Distortion of the facts — Incorrect legal classification of the facts — Breach of the precautionary principle
Operative part of the judgment
The Court:
1.
Dismisses the appeal;
2.
Orders the French Republic to pay the costs.
(1) OJ C 80, 17.3.2012.
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