The European Court of Justice and the Justification of Trade Restrictions for the Benefit of Animal Welfare: A Change of Mind?
This paper investigates whether EU law allows Member States to justify, on the basis of animal welfare, unilateral measures that impose trade restrictions. Since new developments – that might resolve the problem of Member States pursuing a high level of protection of animal welfare – seem to be on their way, it is necessary to highlight the issue both from the traditional point of view as well as from the possible future one. The paper also sets out more extensively the problem with unilateral measures aiming at a high level of animal welfare, at the same time serving as a reminder for the reader of the main principles of the free movement of goods. Furthermore, it describes the established view of the Court of Justice with regard to Art. 36 of the Treaty on the Functioning of the European Union (TFEU) and the rule of reason, and the possible changes under discussion at the moment.