Question: Following the discovery of a probable link between a variant of Creutzfeldt-Jakob disease, a disease affecting human beings, and bovine spongiform encephalopathy (BSE), which was

Following the discovery of a probable link between a variant of Creutzfeldt-Jakob disease, a disease affecting human beings, and bovine spongiform encephalopathy (BSE), which was widespread in the United Kingdom in the mid-1990s, the Commission adopted Decision 96/239/ EC of 27 March 1996, which contained emergency measures to protect against BSE. This decision prohibited the United Kingdom from exporting certain products, in particular live bovine animals, meat of bovine animals, and products obtained from bovine animals, from its territory to the other member states and third countries. In 1998, the ban was lifted but not all countries felt comfortable about British meat exports. France continued to refuse to accept meat imported from the United Kingdom on the grounds of public safety. The case was heard by the ECJ. What should be the ECJ's holding in this case? May member states prevent the importation of products they believe are harmful to the health of their citizens in disregard of EU policies? Why or why not?

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