Case C-490/06: Action brought on 27 November 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, approximation of laws, combustion gases, motor vehicle, national implementing measure, prevention of pollution

30.12.2006

EN

Official Journal of the European Union

C 326/51

Action brought on 27 November 2006 — Commission of
the European Communities v Hellenic Republic

Parties to the main proceedings

(Case C-490/06)

(2006/C 326/103)

Language of the case: Greek

Applicant: Danske Svineproducenter

Defendant: Justitsministeriet

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and D. Lawunmi)

Questions referred

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2002/88/EC (1) of
the
Council of 9 December 2002 amending Directive 97/68/EC
on the approximation of the laws of the Member States
relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to
be installed in non-road mobile machinery, and in any event
by failing to inform the Commission of those provisions,
the Hellenic Republic has failed to fulfil its obligations under
that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/88/EC
into domestic law expired on 11 August 2004.

(1) OJ L 35 of 11.02.2003, p. 28.

Reference for a preliminary ruling from the Vestre Land-
sret (Denmark) lodged on 28 November 2006 — Danske
Svineproducenter v Justitsministeriet

(Case C-491/06)

(2006/C 326/104)

Language of the case: Danish

Referring court

Vestre Landsret (Denmark)

1. Are the provisions of Chapter I, point A(2)(b), and Chapter
VII, point 48(3), third indent, of the Annex to Council Direc-
tive 91/628/EEC concerning the protection of animals
during transport (1), as amended by Council Directive
95/29/EC (2), to be interpreted as meaning that a Member
State is not entitled to introduce national transitional rules
under which, in the case of the transport of pigs of 40 kg
and not more than 110 kg where the transport time exceeds
eight hours, there must be an internal height for each deck
— measured from the highest point on the floor to the
lowest point on the ceiling — of at least 100 cm where a
mechanical ventilation system is used?

as

transport,

2. Are the provisions of Chapter I, point A(2)(b), and Chapter
VII, point 48(3), third indent, of the Annex to Council Direc-
tive 91/628/EEC concerning the protection of animals
by Council Directive
amended
during
95/29/EC, to be interpreted as meaning that a Member State
is not entitled to introduce national rules under which, in
the case of the transport of pigs of 40 kg and over, where
the total journey time exceeds eight hours, means of trans-
port must be used which — for example by means of a
lifting roof combined with mobile decks or an equivalent
construction — ensure at all times that an internal inspec-
tion height of at least 140 cm may be established for each
deck — measured from the highest point on the floor to the
lowest point on the ceiling — while the internal height of
the other decks where animals are transported on several
decks must constantly be at least 92 cm, where the pigs
transported have an average weight of 100 kg and a mechan-
ical ventilation system is used?

3. Are the provisions of Chapter VI, point 47(D),

‘Pigs’, of the
Annex to Council Directive 91/628/EEC concerning the
protection of animals during transport, as amended by
Council Directive 95/29/EC, to be interpreted as meaning
that a Member State is not entitled to introduce national
rules under which, in the case of transports of more than
eight hours' duration, there must be at least 0.50 m2 per
100 kg of pig?

(1) Council Directive 91/628/EEC of 19 November 1991 concerning the
protection of animals during transport and amending Directives
90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17).

(2) Council Directive 95/29/EC of 29 June 1995 amending Directive
91/628/EEC concerning the protection of animals during transport
(OJ 1995 L 148, p. 52).