Judgment — ECLI:EU:C:2011:440
Date: 2011-06-30
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Approximation of laws – Protection of bovine animals during transport – Directive 91/628 – Provisions fixing the requirements as regards unloading, feeding and watering of animals, and their minimum rest periods, following transport of them – Applicability to rail transport (Council Directive 91/628, as amended by Directive 95/29, Annex, Chapter VII, Point 48(5)) 2. Agriculture – Common organisation of the markets – Export refunds – Conditions for granting – Compliance with the EU legislation on the welfare of live animals during transport (Commission Regulation No 615/98, Art. 5(3); Council Directive 91/628, as amended by Directive 95/29) 1. Point 48(5) of Chapter VII of the Annex to Directive 91/628 on the protection of animals during transport and amending Directives 90/425 and 91/496, as amended by Directive 95/29, applies to, inter alia, rail transport. It is apparent from the wording of the various paragraphs of point 48 of Chapter VII of the Annex to Directive 91/628 that those paragraphs whose field of application is limited to one particular means of transport contain an express reference to that effect. Thus, it is clear from the wording of paragraphs 4, 6 and 7 of point 48 that they apply to road, rail and sea transport, respectively. Point 48(5) containing no such express reference, it must be considered to apply to all means of transport. The interpretation according to which point 48(5) of Chapter VII of the Annex to Directive 91/628 applies to rail transport is confirmed by the scheme of the provisions of that directive. It follows from the definitions of the terms ‘transport’ and ‘rest period’ given in Article 2(2) of that directive that periods between the time when animals are loaded on to and unloaded from a means of transport are all necessarily periods of either ‘transport’ or ‘rest’. However, inasmuch as it is not disputed that the rules on maximum journey time, laid down in paragraphs 2 and 3 of point 48 of Chapter VII of the Annex to Directive 91/628, apply to, inter alia, rail transport, it must be held that the rules relating to the rest period after a period of transport also apply to that means of transport. That interpretation is also supported by the objective of Directive 91/628, which, according to the ninth recital in the preamble, is to ensure more effective protection of animals during transport. (see paras 24-28, operative part 1) 2. In situations in which breach of Directive 91/628 on the protection of animals during transport and amending Directives 90/425 and 91/496, 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 Regulation No 615/98 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. (see para. 41, operative part 2)