Case C-67/97 Bluhme [1998]

Facts

  • National legislation of Denmark prohibited the keeping of any bee other than the brown bee, in order to prevent cross-fertilisation, which would lead to the extinction of the brown bee in Denmark
  • Bluhme had criminal proceedings bought against him in Denmark following his keeping of non-brown bees
  • Bluhme appealed to the CJEU

Issue

  • Did the prohibition against keeping any other type of bee violate Art 34 TFEU on the prohibition of quantitive restrictions on imports from other Member States

Decision

  • No

Reasoning

  • The national legislation came within the scope of Art 34 – bees were prohibited from being imported
  • However, the legislation was justifiable under Art 36 TFEU under the ground of “the protection of health and life of humans, animals or plants”
  • Articles 34 and 36 TFEU provided no defence to Bluhme’s criminal prosecution
RELATED CASE  Case C-184/96 Foie Gras [1998]

Posted in EU Law Revision Notes.

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