# C_2018052EN.01001601.xml

| 12.2.2018 | EN | Official Journal of the European Union | C 52/16 |
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12.2.2018

EN

Official Journal of the European Union

C 52/16

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Request for a preliminary ruling from the Verwaltungsgericht Oldenburg (Germany) lodged on 13 November 2017 — ReFood GmbH & Co. KG v Landwirtschaftskammer Niedersachsen

(Case C-634/17)

(2018/C 052/21)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Oldenburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: ReFood GmbH & Co. KG

Applicant:

Defendant: Landwirtschaftskammer Niedersachsen

Defendant:

Questions referred

Questions referred

The following questions on the interpretation of Article 1(3)(d) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1) are referred for a preliminary ruling:

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| 1. | Is the provision to be interpreted as an exemption which applies to all shipments which, pursuant to Article 2 of Regulation (EC) No 1069/2009, (2) come within the scope of that latter regulation? |
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1.

Is the provision to be interpreted as an exemption which applies to all shipments which, pursuant to Article 2 of Regulation (EC) No 1069/2009, (2) come within the scope of that latter regulation?

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| 2. | If the first question should be answered in the negative:
  Is the provision to be interpreted as an exemption which applies to shipments which are subject to rules regarding collection, transport, identification and traceability pursuant to Regulation (EC) No 1069/2009, read also in conjunction with Implementing Regulation (EU) No 142/2011? (3) |
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2.

If the first question should be answered in the negative:

Is the provision to be interpreted as an exemption which applies to shipments which are subject to rules regarding collection, transport, identification and traceability pursuant to Regulation (EC) No 1069/2009, read also in conjunction with Implementing Regulation (EU) No 142/2011? (3)

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| 3. | If the second question should be answered in the negative:
  Is the provision to be interpreted as an exemption which applies only to those shipments which are consignments requiring consent pursuant to Article 48(1) of Regulation (EC) No 1069/2009? |
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3.

If the second question should be answered in the negative:

Is the provision to be interpreted as an exemption which applies only to those shipments which are consignments requiring consent pursuant to Article 48(1) of Regulation (EC) No 1069/2009?

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(1)  OJ 2006 L 190, p. 1.

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(2)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).

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(3)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ 2011 L 54, p. 1).

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