Case C-277/06: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 26 June 2006 — Interboves GmbH v Hauptzollamt Hamburg-Jonas
Date: 2006-09-02
Institutions: Court of Justice
Subjects: ferryboat, interpretation of the law, length of journey, maritime transport, protection of animals, transport of animals

C 212/20

EN

Official Journal of the European Union

2.9.2006

Question referred

Questions referred

in particular electronic commerce,

Does Community law, in particular Articles 15(2) and 18 of
Directive 2000/31/EC (1) of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services,
in the
Internal Market; Article 8(1) and (2) of Directive 2001/29/EC (2)
of the European Parliament and of the Council of 22 May
2001 on the harmonisation of certain aspects of copyright and
related rights in the information society; Article 8 of Directive
2004/48/EC (3) of the European Parliament and of the Council
of 29 April 2004 on the enforcement of intellectual property
rights; and Articles 17(2) and 47 of the Charter of Fundamental
Rights of the European Union, permit Member States to limit
the duty of operators of electronic communications networks
and services, providers of telecommunications network access
and providers of data storage services to retain and make avail-
able connection and traffic information generated during the
supply of an information society service to where it is required
in connection with a criminal
investigation or the need to
protect public safety and national defence, thus excluding civil
proceedings?

(1) OJ L 178, p. l.
(2) OJ L 167, p. 10.
(3) OJ L 157, p. 45.

1. Does point 48.7(a) of Chapter VII of the Annex to Directive
91/628/EEC (1) define the basic conditions for transport by
sea so that, in principle, — provided that the conditions laid
down in points 48.3 and 48.4 of Chapter VII of the Annex
to Directive 91/628/EEC, except for journey times and rest
periods, are met — the journey times by road before and
after transport by sea are not interconnected, even where
animals are being transported on so-called roll-on/roll-off
ferries?

2. Does point 48.7(b) of Chapter VII of the Annex to Directive
91/628/EEC include a special provision for so-called roll-on/
roll-off ferries operating in the Community which applies
alongside or in addition to the conditions laid down in
point 48.4(a) of Chapter VII of the Annex to Directive
91/628/EEC, so that a new maximum journey time of 29
hours (cf. point 48.4(d) of Chapter VII of the Annex to the
Directive) does not commence after arrival of the ferry at
the port of destination (the animals having instead to be
rested for 12 hours) only if the journey time at sea is such
that the voyage has exceeded the general scheme of points
48.2 to 48.4 of Chapter VII of the Annex to the Directive
— namely 29 hours in accordance with point 48.4(d)?

(1) OJ L 340, p. 17.

Reference for a preliminary ruling from the Finanzgericht
Hamburg (Germany) lodged on 26 June 2006 — Inter-
boves GmbH v Hauptzollamt Hamburg-Jonas

Reference for a preliminary ruling from the Bundesver-
lodged on 26 June 2006 — Manfred
waltungsgericht,

Otten v Landwirtschaftskammer Niedersachsen

(Case C-277/06)

(2006/C 212/34)

(Case C-278/06)

(2006/C 212/35)

Language of the case: German

Language of the case: German

Referring court

Finanzgericht Hamburg

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Applicant: Interboves GmbH

Applicant: Manfred Otten

Defendant: Hauptzollamt Hamburg-Jonas

Defendant: Landwirtschaftskammer Niedersachsen