80The defendants contend that their management of the BSE crisis has never infringed the precautionary principle. They maintain that the measures based on that principle must be proportionate to the level of protection sought — without, however, ‘aiming for zero risk’ — and also non-discriminatory, coherent and based on an assessment of the potential advantages and disadvantages of the action or non-action. The Court of Justice and the Court of First Instance, ruling on the application of that principle in cases relating to the validity of Decision 96/239, have stated that, 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 (United Kingdom v Commission, paragraph 99; Case T-199/96 Bergaderm and Goupil v Commission [1998] ECR II-2805, paragraph 66). The precautionary principle does not, however, oblige the Community institutions to follow all scientific opinion without any margin for assessment. The measures adopted to manage the BSE crisis have always been adapted to the existing risks, in accordance with the assessment carried out by the Community institutions.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.