# C_2016350EN.01000301.xml

| 26.9.2016 | EN | Official Journal of the European Union | C 350/3 |
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26.9.2016

EN

Official Journal of the European Union

C 350/3

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Judgment of the Court (Third Chamber) of 28 July 2016 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Masterrind GmbH v Hauptzollamt Hamburg-Jonas

(Case C-469/14) (1)

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((Reference for a preliminary ruling - Agriculture - Regulation (EC) No 1/2005 - Protection of animals during transport - Long journeys - Annex I, Chapter V, point 1.4(d) - Journey times and animal resting periods during transport - Transport of cattle - Concept of ‘rest period of at least one hour’ - Possibility of interrupting the transport several times - Article 22 - Delays during transport - Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 - Export refunds - Requirements of the welfare of live bovine animals during transport - Regulation No 817/2010 - Article 2(2) to (4) of Regulation No 817/2010 - Official veterinarian at the exit point - Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 - Unsatisfactory result of the checks carried out - Article 5(1)(c) of Regulation No 817/2010 - Whether or not that entry is binding on the national authority competent for the export refund))

(2016/C 350/03)

Language of the case: German

Referring court

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: Masterrind GmbH

Applicant:

Defendant: Hauptzollamt Hamburg-Jonas

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Annex I, Chapter V, point 1.4(d) to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 must be interpreted as meaning that, in the context of the transport by road of the animals belonging to the species referred to, in particular the bovine species except calves, first, the rest period between the periods of movement may, in principle, be longer than one hour. However, that length of time, if it exceeds one hour, must not be such that, in the specific conditions in which that rest and the transport occur together, it constitutes a risk of injury or undue suffering for the transported animals. Furthermore, the combined journey time and resting periods, as provided for under point 1.4(d) of that chapter, must not exceed 29 hours, subject to the possibility of extending those periods by 2 hours in the interests of the animals, in accordance with point 1.8 of that chapter and without prejudice to the application of Article 22 of that regulation in the event of unforeseeable circumstances. Second, the periods of movement of a maximum of 14 hours may each include 1 or more stop periods. Those break periods must be in addition to the periods of movement that count towards the overall period of movement of a maximum of 14 hours to which they belong. |
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1.

Annex I, Chapter V, point 1.4(d) to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 must be interpreted as meaning that, in the context of the transport by road of the animals belonging to the species referred to, in particular the bovine species except calves, first, the rest period between the periods of movement may, in principle, be longer than one hour. However, that length of time, if it exceeds one hour, must not be such that, in the specific conditions in which that rest and the transport occur together, it constitutes a risk of injury or undue suffering for the transported animals. Furthermore, the combined journey time and resting periods, as provided for under point 1.4(d) of that chapter, must not exceed 29 hours, subject to the possibility of extending those periods by 2 hours in the interests of the animals, in accordance with point 1.8 of that chapter and without prejudice to the application of Article 22 of that regulation in the event of unforeseeable circumstances. Second, the periods of movement of a maximum of 14 hours may each include 1 or more stop periods. Those break periods must be in addition to the periods of movement that count towards the overall period of movement of a maximum of 14 hours to which they belong.

| 2. | Commission Regulation (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport must be interpreted as meaning that the authority competent for the payment of export refunds for bovine animals is not bound by the entry made by the official veterinarian at the exit point on the document constituting evidence of exit from the customs territory of the European Union of the animals concerned, according to which the applicable provisions of Regulation No 1/2005 were not adhered to in the context of the transport of those animals, in relation to all or some of those animals. |
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2.

Commission Regulation (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport must be interpreted as meaning that the authority competent for the payment of export refunds for bovine animals is not bound by the entry made by the official veterinarian at the exit point on the document constituting evidence of exit from the customs territory of the European Union of the animals concerned, according to which the applicable provisions of Regulation No 1/2005 were not adhered to in the context of the transport of those animals, in relation to all or some of those animals.

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(1)  OJ C 16, 19.1.2015.

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