 | Marsha Echols - 2001 - 194 pages
...health, a protective measure is permitted before the reality and seriousness of the risks are apparent. "Where there is uncertainty as to the existence or...reality and seriousness of those risks become fully apparent."143 The Precautionary Principle and Environmental Law The precautionary principle attained... | |
 | Joel Tickner - 2002 - 418 pages
...of a general definition of the precautionary principle that can be applied in all areas of EC law: Where there is uncertainty as to the existence or...seriousness of those risks become fully apparent. (BSE [1998], at paragraph 63, repeated in subsequent judgments) This passage lays down three basic... | |
 | Mark Stallworthy - 2002 - 412 pages
...to be analogous to the precautionary principle, as in the unambiguous statement that in the event of 'uncertainty as to the existence or extent of risks...reality and seriousness of those risks become fully apparent'.137 Further legal development in respect of the Article 174 principles will depend upon future... | |
 | Nicolas de Sadeleer - 2002 - 494 pages
...there was great uncertainty as to the risks posed hy live animals, hovine meat and derived products. Where there is uncertainty as to the existence or...institutions may take protective measures without having to await the reality and seriousness of those risks hecome fully apparent.'129 According to the ECJ, this... | |
 | Christian Joerges, Renaud Dehousse - 2002 - 394 pages
...requirements of public health must take precedence over economic considerations,7 and that the Community institutions may take protective measures without...having to wait until the reality and seriousness of the relevant risks become fully apparent. 2 It should be emphasized that the matter under discussion... | |
 | Norbert Reich, Christopher Goddard, Ksenija Vasiljeva - 2003 - 414 pages
...there was great uncertainty as to the risks posed by live animals, bovine meat and derived products. Where there is uncertainty as to the existence or...seriousness of those risks become fully apparent. This is an implicit recognition of the precautionary principle. That, for the Court, was part of the... | |
 | Philippe Sands - 2003 - 1252 pages
...Under the Rio Declaration, 236 See eg Case C- 180/96, United Kingdomv. EC Commission [ 1998] ECR1-2265 t in force ( 1 999 LBS Protocol ) 404, 436 Protocol on Liability and at paras. 99 and 100); see also Case T- 70/99, Alpharma Inc. v. Council of the European Union, Order... | |
 | Thomas Cottier, Petros Constantinos Mavroidis, Patrick Blatter - 2009 - 377 pages
...Creutzfeldt-Jakob disease. The Court emphasized that there was great uncertainty as to the risks, and stated that "where there is uncertainty as to the existence or extent of risks to human health, the [EC] institutions may take protective measures without having to wait until the reality and seriousness... | |
 | Michael Cardwell - 2004 - 514 pages
...great uncertainty as to the risks posed by live animals, bovine meat and derived products' and '[wjhere there is uncertainty as to the existence or extent...measures without having to wait until the reality and the seriousness of those risks become fully apparent'.1 3 This was considered to be consistent with... | |
 | Gary Elvin Marchant, Kenneth L. Mossman - 2004 - 112 pages
...the precautionary principle.4 According to this decision, "the precautionary principle implies that where there is uncertainty as to the existence or extent of risks to human health, the instiuitions may take precautionary measures without having to wait until the reality and senousness... | |
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Where there is uncertainty as to the existence or extent of risks to human health, the institutions may take protective measures without having to wait until the reality and seriousness of those risks become fully apparent"; paras. 
