# C_2007155EN.01001302.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/13 |
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7.7.2007

EN

Official Journal of the European Union

C 155/13

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Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 27 April 2007 — VZW de Nationale Raad van Dierenkwekers en Liefhebbers and VZW Andibel v Belgische Staat

(Case C-219/07)

(2007/C 155/25)

Language of the case: Dutch

Referring court

Raad van State (Belgium)

Parties to the main proceedings

Applicants: VZW de Nationale Raad van Dierenkwekers en Liefhebbers and VZW Andibel

Applicants:

Defendant: Belgische Staat

Defendant:

Questions referred

| 1. | Must Article 30 of the Treaty of 25 March 1957 establishing the European Community, in itself or in conjunction with Council Regulation (EC) No 338/97 (1) of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, be interpreted as meaning that a prohibition on the import of or trade in fauna, imposed in implementation of Article 3bis(1) of the Law of 4 August 1986 on the protection and welfare of animals (Wet betreffende de bescherming en het welzijn der dieren), is not justified in respect of mammals which are imported from another EU Member State and which come under category B, C or D in the Regulation or are not referred to in the Regulation, where those mammals are held in that Member State in accordance with the legislation of that State and that legislation complies with the provisions of the Regulation? |
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1.

Must Article 30 of the Treaty of 25 March 1957 establishing the European Community, in itself or in conjunction with Council Regulation (EC) No 338/97 (1) of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, be interpreted as meaning that a prohibition on the import of or trade in fauna, imposed in implementation of Article 3bis(1) of the Law of 4 August 1986 on the protection and welfare of animals (Wet betreffende de bescherming en het welzijn der dieren), is not justified in respect of mammals which are imported from another EU Member State and which come under category B, C or D in the Regulation or are not referred to in the Regulation, where those mammals are held in that Member State in accordance with the legislation of that State and that legislation complies with the provisions of the Regulation?

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| 2. | Does Article 30 EC of the EC Treaty or Regulation No 338/97 preclude the adoption by a Member State of rules which, under existing legislation on animal welfare, prohibit any commercial use of specimens, save where those specimens are explicitly referred to in those national rules, where the objective of the protection of those species, as referred to in Article 30 EC, can be achieved just as effectively by measures which obstruct intra-Community trade less? |
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2.

Does Article 30 EC of the EC Treaty or Regulation No 338/97 preclude the adoption by a Member State of rules which, under existing legislation on animal welfare, prohibit any commercial use of specimens, save where those specimens are explicitly referred to in those national rules, where the objective of the protection of those species, as referred to in Article 30 EC, can be achieved just as effectively by measures which obstruct intra-Community trade less?

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(1)  OJ 1997 L 61, p. 1.

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