Court ruling dismisses British legal challenge to have beef ban lifted

BRITISH ministers vowed yesterday to press ahead with moves to get the "unlawful" ban on British beef lifted, despite rejection…

BRITISH ministers vowed yesterday to press ahead with moves to get the "unlawful" ban on British beef lifted, despite rejection of their legal challenge by the European Court of Justice in an interim ruling.

The Luxembourg court dismissed Britain's pleas that the ban imposed in the wake of the "mad cow disease" crisis must be lifted because it was causing serious and irreparable harm to UK interests.

The judges said they acknowledged the economic and social difficulties caused by ban, but threw out Britain's case, saying "The court cannot but recognise the paramount importance to be accorded to the protection of health."

The British Prime Minister, Mr Major, on a visit in his Huntingdon constituency, described the court's interim judgment as "very disappointing and frankly rather surprising".

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He stressed. "We need to continue to restore confidence in British beef. I think there is no reason not to have confidence in British beef."

The Attorney General, Sir Nicholas Lyell, pledged that the government would press ahead with its legal challenge.

"We will continue with our main court action, arguing strenuously that the ban is unlawful and should be lifted in its entirety," he said.

However, the court's final ruling is not expected until late next year at the earliest.

Tory Euro sceptics reacted with fury to the court's "politically motivated" decision.

They demanded that Britain embark on a fresh policy of non co-operation with the EU, and make good use of the British veto at the next Inter Governmental Conference.

They also renewed calls for the court's powers to be curbed.

The verdict is a serious blow to Britain's chances of a swift end to the trade blockade.

Summing up its ruling the court said. "Scientists have as yet only an imperfect knowledge of Creutzfeldt Jakob Disease and, more particularly, its recently discovered variant.

"There is at present no cure for it. Since the most likely explanation of this fatal disease is exposure to BSE, there can be no hesitation."

Sir Teddy Taylor, Tory MP for Southend East, commented. "This is yet another sign that the European Court is effectively creating new powers for itself rather than interpreting the law and is seeking to establish a single European state in which they decide virtually everything.

The Labour leader, Mr Tony Blair, yesterday said he regretted the court's decision but efforts must continue to win back consumer confidence in British beef.

. EU veterinary officials have decided to ban the export of live animals, meat and dairy products from Greece because of an outbreak of foot and mouth disease there, a European Commission spokesman said.