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Pfizer Animal Health SA v. Council of the European Union

Country/Territory
European Union
Type of court
International court
Date
Sep 11, 2002
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
J
Azizi, K
Lenaerts and M
, Jaeger.
Reference number
T-13/99
Language
English
Subject
Waste & hazardous substances, Environment gen.
Keyword
Hazardous substances Biosecurity Animal health Animal feed/feedstuffs Public health Precautionary principle Food quality control/food safety
Abstract
This lengthy case deals with the precautionary measure to no longer allow for the use of a specific type of antibiotic in animal feed in order to protect human health. Pfizer, the producer of the antibiotic, claims that errors were made with regard to risk assessment and management, that the precautionary principle was misapplied, that the obligation to state reasons and the principle of protection of legitimate expectations were breached. All these claims were rejected by the CFI, that went into an interesting legal argumentation on the above-mentioned principles and the wide discretion of the European authorities in decising which protective measures they want to take. Pfizer might still decide to appeal, in order to get more clarity on the boundaries of this discretion.
Full text
Pfizer Animal Health SA supported by Asociación nacional 11-09-2002 english.pdf
Pfizer Animal Health SA supported by Asociación nacional 11-09-2002 french.pdf
Pfizer Animal Health SA supported by Asociación nacional 11-09-2002 spanish.pdf
Website
curia.europa.eu