Move to lift beef penalty on France criticised
Raymond O'Rourke said the decision speaks volumes about the inadequacy for penalising member States that intentionally obstruct the smooth functioning of the internal market.
The Commission has asked the European Court of Justice to order that the costs of the case be borne by France hardly an adequate sanction compared to their imposition of an illegal ban on British beef for over two years, he said.
Mr O'Rourke, who practices with Mason Hayes and Curran, Solicitors, Dublin, said certain member States seem prepared to run roughshod over EU scientific and legal opinions if it suits them.
This highly charged political case points to the need for a mechanism whereby expeditious judgements could be obtained from the European Court of Justice in cases having a major impact on the functioning of the internal market.
"This court case took over two years before a judgement in favour of the Commission's position was established. The situation got to the point where France was facing the prospect of a daily fine of 158,280 before it decided to back-down.
"In the intervening period British beef has lost its share in the French marketplace which has been estimated to be worth 300 million annually. The ability of member States to use unilateral bans as a trade barrier in this fashion must be stopped".
Mr O'Rourke said that with the proposed enlargement of the EU to include many newly democratic countries eager to demonstrate their independence, there is every likelihood that there will more cases in the future of member States obstructing the smooth functioning of the internal market for short-term political gain. In that case, action must be taken immediately in the context of the discussions on reforms to the EU institutions/treaties to ensure that in future such actions are not permitted and that the member State concerned will face major fines and sanctions, he said.
France lifted its restrictions on imports of British beef in October more than a year after being ordered to do so by the European Court of Justice. The Commission had applied to the court for the hefty daily fines until France agreed to accept British beef, but the case was still pending when France lifted its ban.
The rest of the EU lifted the beef ban in August, 1999, after Britain introduced new safeguards to prevent the spread of BSE.
A European Commission spokeswoman explained that the fines "would only be applicable from the day the court agreed and as France has now changed its policy, no fines could be imposed".
