193 European Journal of Health Law 7 : 193-203, 2000. © 2000 Kluwer Law International. Printed in the Netherlands. SELECTED LEGISLATION AND JURISPRUDENCE EUROPEAN COURTS Court of Justice of the European Communities * CJEC 2000/1 Case T-125/96 and T-152/96, Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn v. Council Factual background Boehringer produces veterinary medicines containing clenbuterol, a beta- agonist. Beta-agonists are used for therapeutic purposes for both humans and animals. However, beta-agonists are also used as a growth promotor for the artificial fattening of animals. As such, they may entail risks for human health. In 1996, the Council adopted Directive 96/22 aimed at the prohibition of the administration of beta-agonists to food-producing animals, subject to certain clearly defined therapeutic exceptions. This general ban has serious economic implications for Boehringer. For this reason, an application for annulment of the relevant provisions of the directive is addressed to the Court of First Instance. Decision of the Court of First Instance One of the pleas raised by Boehringer to challenge the legality of the directive before the Court of First Instance, concerns the breach of the principle of proportionality. Boehringer accepts that a prohibition of the use of beta- agonists
European Journal of Health Law – Brill
Published: Jan 1, 2000
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