# C_2011252EN.01000501.xml

| 27.8.2011 | EN | Official Journal of the European Union | C 252/5 |
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27.8.2011

EN

Official Journal of the European Union

C 252/5

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Judgment of the Court (Sixth Chamber) of 30 June 2011 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Viamex Agrar Handels GmbH v Hauptzollamt Hamburg-Jonas

(Case C-485/09) (1)

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(Directive 91/628/EEC - Point 48(5) of Chapter VII of the Annex - Regulation (EC) No 615/98 - Article 5(3) - Export refunds - Protection of bovine animals during rail transport - Conditions for payment of export refunds for bovine animals - Compliance with Directive 91/628/EEC - Principle of proportionality)

2011/C 252/06

Language of the case: German

Referring court

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: Viamex Agrar Handels GmbH

Applicant:

Defendant: Hauptzollamt Hamburg-Jonas

Defendant:

Re:

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Interpretation of Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, as amended by Council Directive 95/29/EC of 29 June 1995 (OJ 1995 L 148, p. 52), and in particular of point 48(5) of Chapter VII of the Annex to that directive, and interpretation of Article 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport (OJ 1998 L 82, p. 19) — Transport of bovine animals by rail — Applicability of the animal-welfare rules concerning watering and feeding intervals, journey times and rest periods

Operative part of the judgment

Operative part of the judgment

| 1. | Point 48(5) of Chapter VII of the Annex to Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, as amended by Council Directive 95/29/EC of 29 June 1995, applies inter alia to rail transport; |
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1.

Point 48(5) of Chapter VII of the Annex to Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, as amended by Council Directive 95/29/EC of 29 June 1995, applies inter alia to rail transport;

| 2. | In situations in which the breach of Directive 91/628, as amended by Directive 95/29, has not resulted in the death of the animals being transported, the competent authorities and courts of the Member States, when carrying out their checks or review, are required to apply Article 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport in a manner consistent with the principle of proportionality, by refusing to pay the export refund for animals in respect of which the provisions of that directive concerning their welfare have not been complied with. |
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2.

In situations in which the breach of Directive 91/628, as amended by Directive 95/29, has not resulted in the death of the animals being transported, the competent authorities and courts of the Member States, when carrying out their checks or review, are required to apply Article 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport in a manner consistent with the principle of proportionality, by refusing to pay the export refund for animals in respect of which the provisions of that directive concerning their welfare have not been complied with.

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(1)  OJ C 37, 13.2.2010.

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