# C_2010100EN.01002002.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/20 |
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17.4.2010

EN

Official Journal of the European Union

C 100/20

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Reference for a preliminary ruling from the Raad van State (Belgium), lodged on 25 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgische Staat; intervener: Luk Vangheluwe

(Case C-42/10)

2010/C 100/31

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

| Applicants | : | Vlaamse Dierenartsenvereniging VZW
  Marc Janssens |
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| Defendant | : | Belgische Staat |
| Intervener | : | Luk Vangheluwe |

Applicants

:

Vlaamse Dierenartsenvereniging VZW

Marc Janssens

Defendant

:

Belgische Staat

Intervener

:

Luk Vangheluwe

Questions referred

Questions referred

| 1. | Do Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation (EC) No 998/2003 (1) of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, and the articles of and annexes to Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude national legislation regulating passports for cats and ferrets from, on the one hand, referring to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet, on the other hand, also prescribing that every passport must bear a unique number consisting of 13 characters, namely, ‘BE’, being the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits? |
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1.

Do Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation (EC) No 998/2003 (1) of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, and the articles of and annexes to Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude national legislation regulating passports for cats and ferrets from, on the one hand, referring to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet, on the other hand, also prescribing that every passport must bear a unique number consisting of 13 characters, namely, ‘BE’, being the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits?

1

2

| 2. | Do Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation (EC) No 998/2003 ... and the articles of and annexes to ... Decision 2003/803/EC ... preclude national legislation from also using the model of the European pet passport as proof of both the identification and the registration of dogs and, in that connection, making provision for third parties to insert changes with regard to the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details? |
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2.

Do Articles 3(b), 4(2), 5 and the second paragraph of Article 17 of Regulation (EC) No 998/2003 ... and the articles of and annexes to ... Decision 2003/803/EC ... preclude national legislation from also using the model of the European pet passport as proof of both the identification and the registration of dogs and, in that connection, making provision for third parties to insert changes with regard to the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details?

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(1)  OJ 2003 L 146, p. 1.

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(2)  OJ 2003 L 312, p. 1.

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