# C_2006326EN.01005102.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/51 |
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30.12.2006

EN

Official Journal of the European Union

C 326/51

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Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 28 November 2006 — Danske Svineproducenter v Justitsministeriet

(Case C-491/06)

(2006/C 326/104)

Language of the case: Danish

Referring court

Vestre Landsret (Denmark)

Parties to the main proceedings

Applicant: Danske Svineproducenter

Applicant:

Defendant: Justitsministeriet

Defendant:

Questions referred

| 1. | Are the provisions of Chapter I, point A(2)(b), and Chapter VII, point 48(3), third indent, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport (1), as amended by Council Directive 95/29/EC (2), to be interpreted as meaning that a Member State is not entitled to introduce national transitional rules under which, in the case of the transport of pigs of 40 kg and not more than 110 kg where the transport time exceeds eight hours, there must be an internal height for each deck — measured from the highest point on the floor to the lowest point on the ceiling — of at least 100 cm where a mechanical ventilation system is used? |
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1.

Are the provisions of Chapter I, point A(2)(b), and Chapter VII, point 48(3), third indent, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport (1), as amended by Council Directive 95/29/EC (2), to be interpreted as meaning that a Member State is not entitled to introduce national transitional rules under which, in the case of the transport of pigs of 40 kg and not more than 110 kg where the transport time exceeds eight hours, there must be an internal height for each deck — measured from the highest point on the floor to the lowest point on the ceiling — of at least 100 cm where a mechanical ventilation system is used?

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| 2. | Are the provisions of Chapter I, point A(2)(b), and Chapter VII, point 48(3), third indent, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport, as amended by Council Directive 95/29/EC, to be interpreted as meaning that a Member State is not entitled to introduce national rules under which, in the case of the transport of pigs of 40 kg and over, where the total journey time exceeds eight hours, means of transport must be used which — for example by means of a lifting roof combined with mobile decks or an equivalent construction — ensure at all times that an internal inspection height of at least 140 cm may be established for each deck — measured from the highest point on the floor to the lowest point on the ceiling — while the internal height of the other decks where animals are transported on several decks must constantly be at least 92 cm, where the pigs transported have an average weight of 100 kg and a mechanical ventilation system is used? |
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2.

Are the provisions of Chapter I, point A(2)(b), and Chapter VII, point 48(3), third indent, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport, as amended by Council Directive 95/29/EC, to be interpreted as meaning that a Member State is not entitled to introduce national rules under which, in the case of the transport of pigs of 40 kg and over, where the total journey time exceeds eight hours, means of transport must be used which — for example by means of a lifting roof combined with mobile decks or an equivalent construction — ensure at all times that an internal inspection height of at least 140 cm may be established for each deck — measured from the highest point on the floor to the lowest point on the ceiling — while the internal height of the other decks where animals are transported on several decks must constantly be at least 92 cm, where the pigs transported have an average weight of 100 kg and a mechanical ventilation system is used?

| 3. | Are the provisions of Chapter VI, point 47(D), ‘Pigs’, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport, as amended by Council Directive 95/29/EC, to be interpreted as meaning that a Member State is not entitled to introduce national rules under which, in the case of transports of more than eight hours' duration, there must be at least 0.50 m2 per 100 kg of pig? |
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3.

Are the provisions of Chapter VI, point 47(D), ‘Pigs’, of the Annex to Council Directive 91/628/EEC concerning the protection of animals during transport, as amended by Council Directive 95/29/EC, to be interpreted as meaning that a Member State is not entitled to introduce national rules under which, in the case of transports of more than eight hours' duration, there must be at least 0.50 m2 per 100 kg of pig?

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(1)  Council Directive 91/628/EEC of 19 November 1991 concerning the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17).

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(2)  Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport (OJ 1995 L 148, p. 52).

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