JUDGMENT OF 8. 11. 1979 — CASE 251/78 DENKAVIT FUTTERMITTEL v MINISTER FÜR ERNÄHRUNG, LANDWIRTSCHAFT UND FORSTEN

In Case 251/78 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht [Administrative Court] Münster for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, A. O'Keeffe and A. Touffait (Presidents of Chambers), J. Mertens de Wilmars, P. Pescatore, Lord Mackenzie Stuart and G. Bosco, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

Article 1

Article 2

Article 9

II — Observations under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of the plaintiff in the main action (Denkavit)

Article 30 of the Treaty

Article 36 of the Treaty

(a) The double veterinary check

(b) The need for an exemption accompanied by conditions and obligations

Articles 9, 12 and 13 of the EEC Treaty

B — Observations of the defendant in the main action (Minister für Ernährung)

C — Observations of the Commission

Article 30 of the Treaty

Article 36 of the EEC Treaty

Article 9 of the Treaty

Decision

I — Articles 30 and 36 of the EEC Treaty

A — Article 30 of the Treaty

B — The applicability of Article 36 of the Treaty

C — The concept of a justified restriction within the meaning of Article 36 of the Treaty

II — Article 9 of the EEC Treaty

Costs

1 On 2 April 1979 the Council adopted a directive on the marketing of compound feeding-stuffs (Official Journal 1979 L 86, p. 30). According to Article 16, Member States shall bring into force on 1 January 1981 the laws, regulations and administrative provisions necessary to comply with this directive and shall forthwith inform the Commission thereof.