Simonsen Vogt Wiig AS
September 19, 2024 - Oslo, Norway
The EU Animal Health Law Faces Its First Judicial Interpretation in Luxembourg
by Håvard Bruksås Josefsen, Jan Magne Langseth
On 18 September 2024, SVW and head of EU law Jan Magne Langseth pleaded on behalf the Plaintiff – Alsaker Fjordbruk– one of Norway’s biggest salmon producers – in case E-8/24 before the EFTA Court.
The case concerns the interpretation of Regulation 2016/429 (AHL), and whether the rules governing the movement of fish between aquaculture establishments are fully harmonized or if EEA States may impose national, more stringent restrictions on fish movement than prescribed by the AHL.
It is the first time one of the European Courts in Luxembourg will rule on the interpretation of the AHL, making the case historic and first of its kind. The EFTA Court’s interpretation of the AHL in the present case will therefore set precedence across the whole EEA, and for later cases referred to the European courts in Luxembourg.
Jan Magne Langseth and Håvard Bruksås Josefsen at the EFTA Court
Alsaker Fjordbruk has brought an action against the Norwegian Government claiming that the Norwegian Food Safety Authority’s consistent decisional practice since 2019, and a decision rejecting its application of an operational plan, solely due to their planned movement of fish between establishments, is incompatible with the movement provisions of the AHL.
The Norwegian Supreme Court decided to hear the case and at the same time requested an advisory opinion from the EFTA Court on the interpretation of the EU’s Animal Health Law.
The present case is further of fundamental importance to Norwegian salmon producers, as it will clarify the content of the rules in the AHL and affect how they can organize their production to balance fish health and commercial interests in line with the stringent rules of the AHL.
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Read full article at: https://svw.no/en/insights/the-eu-animal-health-law-faces-its-first-judicial-interpretation-in-luxembourg