Opinion of the Advocate General — ECLI:EU:C:2017:508
Date: 2017-06-29
Language of the case: Dutch
Subject matter: Agriculture and Fisheries;Beef and veal;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary — Judgment of the Court (Third Chamber), 19 October 2017 Agriculture — Common organisation of the markets — Export refunds — Conditions for granting — Compliance with the EU legislation on the welfare of live animals during transport — Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination — Non-compliance — Consequences — Repayment of amounts wrongly received (Council Regulation No 1/2005, Annex II, points 3, 7 and 8; Commission Regulation No 817/2010, Arts 2(2), 3(1) and 2, and 7) Article 7 of 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, read in conjunction with Articles 3(1) and (2) and 2(2) of Regulation No 817/2010, and with points 3, 7 and 8 of Annex II 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 repayment of export refunds under Regulation No 817/2010 may be required where the transporter of bovine animals has not kept a copy of the journey log provided for in Annex II to Regulation No 1/2005 up to date until the place of the first unloading in the third country of final destination. (see para. 49, operative part)