Judgment in Joined Cases C-78/16 Giovanni Pesce and Others v Presidenza del Consiglio dei Ministri and Others, and C-79/16 Cesare Serinelli and Others v Presidenza del Consiglio dei Ministri – Dipartimento della Protezione Civile and Others

The European Court of Justice decided on 9 June 2016 that the European Commission may require member states to remove all plants capable of being infected by the Xylella fastidiosa bacterium, even when there are no symptoms of infection, when such plants are in the vicinity of plants already affected by that bacterium.

The Court considered these measures to be proportionate to the objective of procteting plant health in the European Union and is justified by the precautionary principle, taking into consideration the scientific evidence available to the EC when the measure was adopted.

The judgement followed a decision by the Commission in 2015 imposing this obligation to remove plants near an outbreak of this bacterium, according to the objective of Directive 2000/29/EC on ensuring a high level of protection for plant health.

• Primary Source

ESO: Find all further information on this topic http://www.europeansources.info/advSearchLink?keyword=Xylella%20Fastidiosa%20&searchOption=all

EurActiv, 10.06.16: Italian olive-growers denounce ‘Pontius Pilate’ EU plan http://www.euractiv.com/section/agriculture-food/news/italian-olive-growers-denounce-pontius-pilate-eu-plan/

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