20 November 2009 - The Commission decided today to refer Greece to the European Court of Justice (ECJ) because the Member State has implemented national rules on milk import controls which are incompatible, in the Commission's view, with existing Community legislation.
National legislation in place provides for systematic sample checks of every consignment of milk imported from third countries at the points of entry, which are not in line with Commission Decision 94/360/EC. The matter of veterinary checks on products entering the Community from third countries is harmonised under Community Legislation, which warrants the protection of animal and public health and helps to safeguard supplies whilst ensuring market stability.
The imposition of physical checks, which cannot be justified under Community legislation, appears to be inconsistent with EU law and principles. The referral of the infringement case to the Court may lead to a declaration that the Member State concerned has failed to fulfil an obligation under the EC Treaty. At a later stage, if the infringement persists, the ECJ can condemn the Member State to pay a lump sum and/or financial penalty.