Opinion of the Advocate General — ECLI:EU:C:2008:162
Date: 2008-03-13
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture – Common organisation of the markets – Export refunds – Conditions for granting – Compliance with Community legislation on the welfare of live bovine animals during transport (Council Directive 91/628, as amended by Directive 95/29, Annex, points 48.4(d), 48.5 and 48.7(a) and (b)) Point 48.7(a) of the Annex to Directive 91/628 on the protection of animals during transport as amended by Directive 95/29 is to be interpreted as defining the general provisions applicable to transport by sea, including transport by roll-on/roll-off ferry on a regular and direct link between two geographical points of the European Community by means of vehicles loaded on to vessels without unloading of the animals, with the exception, so far as that type of vessel is concerned, of rest periods given to the animals after unloading, which are provided for in point 48.7(b) of that annex. In accordance with that latter provision, whether there is a connection between the periods of transport by road preceding and following a period of transport by roll-on/roll-off ferry on a regular and direct link between two geographical points of the European Community by means of vehicles loaded on to vessels without unloading of the animals depends on whether or not the maximum duration of 28 hours of travel on a roll‑on/roll-off ferry referred to in point 48.4(d) of the annex to Directive 91/628 has been exceeded. Where the duration of transport by roll-on/roll-off ferry on a regular and direct link between two geographical points of the Community by means of vehicles loaded on to vessels without unloading of the animals is less than the maximum duration of 28 hours, a period of transport by road can begin immediately after the animals are unloaded at the port of destination. In order to calculate the duration of that period, the duration of the period of transport by road which preceded transport by roll‑on/roll-off ferry should be taken into account, unless a rest period of at least 24 hours, in application of point 48.5 of the annex to Directive 91/628, has neutralised the period of transport by road preceding the transport by sea. It is for the national court to ascertain whether, in the dispute in the main proceedings, the journey at issue meets the abovementioned conditions. (see para. 41, operative part)