Judgment — ECLI:EU:C:2008:263
Date: 2008-05-08
Language of the case: Danish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: Animal welfare
Procedure: Reference for a preliminary ruling
Origin: Denmark

Summary of the Judgment 1. Agriculture – Approximation of laws – Protection of animals during transport (Art. 249 EC; Council Directive 91/628, as amended by Directive 95/29) 2. Agriculture – Approximation of laws – Protection of animals during transport (Council Directive 91/628, as amended by Directive 95/29, Chapter VI of the Annex, section D, point 47) 1. National rules comprising figures for the animal compartment height in order that transporters may refer to more precise standards than those set out in Directive 91/628 on the protection of animals during transport, as amended by Directive 95/29, may fall within the margin of discretion conferred on the Member States by Article 249 EC, on condition that those rules, which comply with the objective pursued by that directive of protecting animals during transport, do not, contrary to the principle of proportionality, prevent attainment of the objectives, also pursued by that directive, of eliminating technical barriers to trade in live animals and allowing market organisations to operate smoothly. It is for the national court to establish whether those rules comply with those principles. (see para. 46, operative part 1) 2. Section D of point 47 in Chapter VI of the Annex to Directive 91/628 on the protection of animals during transport, as amended by Directive 95/29, must be interpreted as meaning that a Member State is entitled to introduce national rules under which, in the case of transport operations of over eight hours’ duration, the available space per animal must be at least 0.50 m2 per 100 kg of pig. It is apparent from the wording of that provision that the Community legislature expressly laid down minimum standards for loading density for pigs of around 100 kg and, in particular, allowed the Member States to increase those standards by up to 20% depending on meteorological conditions and journey time. (see paras 49, 51, operative part 2)