A recent case before the European Court of Justice tested Article 100A of the EU Treaty, which permits Member States to apply high levels of protection to the environment. In this case, Germany wished to apply more strict control on the sale and use of the wood preservative pentachlorophenol than those set in the current amendment to EU’s Marketing and Use Directive (76/769/EEC). The Commission agreed, respecting Germany's desire to maintain higher environmental standards. However, France objected to the Commission’s approval, and the Court agreed that the Commission’s approval was not valid as it did not give sufficient reasoning for its decision. The Court noted the potentially prejudicial impact on free movement of goods and services in the EU. The result is that Germany’s law stands, but may be vulnerable to a legal challenge in Germany.
France v. Commission, C-41/93 ECJ 17 May
1994.
[This article first appeared in Pesticides News No. 25, September 1994, page 20]