Case C-455/06: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) lodged on 14 November 2006 — Heemskerk BV en BV v/h Firma Schaap v Productschap Vee en Vlees
Date: 2007-01-27
Institutions: Court of Justice
Subjects: administrative powers, animal welfare, health certificate, interpretation of the law, live animal, protection of animals, transport of animals, veterinary inspection

C 20/2

EN

Official Journal of the European Union

27.1.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven (Netherlands)
lodged on
14 November 2006 — Heemskerk BV en BV v/h Firma
Schaap v Productschap Vee en Vlees

(Case C-455/06)

(2007/C 20/02)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Heemskerk BV en BV v/h Firma Schaap

Defendant: Productschap Vee en Vlees

Questions referred

1a.

Is an administrative body empowered to decide, contrary to
the declaration of the official veterinarian referred to in
Article 2(2) of Regulation (EC) No 615/98 (1), that
the
transport of animals to which the official veterinarian's
declaration relates is not in accordance with the conditions
laid down in Directive 91/628/EEC? (2)

1b. If the answer to Question 1a is in the affirmative:

Is the exercise by the administrative body of that power on
grounds of Community law subject to specific restrictions,
and if so, what are those restrictions?

2.

If the answer to Question 1 is in the affirmative:

When assessing whether there is an entitlement to refunds,
for which Regulation (EC) No 800/1999 (3), for example,
provides, should an administrative body of a Member State
determine whether a transport of
live animals complies
with Community animal welfare legislation by reference to
the requirements applicable in the Member State or to
those of the State in which the vessel transporting the live
animals is registered and which has granted an authorisa-
tion for that vessel?

3. Does Community law require a court or

to
conduct, of its own motion, an examination — that is to
say, an examination of grounds falling outside the basic
framework of
the disputes — of grounds derived from
Regulation (EC) No 1254/1999 (4) and Regulation (EC) No
800/1999?

tribunal

4.

Is the phrase ‘subject to compliance with the provisions
established in Community legislation concerning animal
welfare’ in Article 33(9) of Regulation (EC) No 1254/1999
to be understood as meaning that, where it is established
that while transporting live animals a vessel was so heavily
laden as to exceed the cargo permitted by the relevant
welfare legislation, there was a failure to comply with Com-
munity animal welfare legislation only in respect of the
number of animals by which the permitted cargo was
exceeded, or must it be found that that legislation was not
complied with in respect of all the live animals transported?

5. Does the effective application of Community law entail that
a court's examination, of its own motion, of compatibility
with provisions of Community law prevails over the prin-
ciple enshrined in Dutch law of administrative procedure
that an individual bringing an action must not be placed
thereby in a less advantageous position than if he had not
brought that action?

(1) Commission Regulation (EC) No 615/98 of 18 March 1998 laying
down specific detailed rules of application for the export refund
arrangements as regards the welfare of live bovine animals during
transport (OJ 1998 L 82, p. 19).

(2) Council Directive 91/628/EEC of 19 November 1991 on the protec-
and amending Directives

tion of
90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17).

animals during

transport

(3) Commission Regulation (EC) No 800/1999 of 15 April 1999 laying
down common detailed rules for the application of the system of
export refunds on agricultural products (OJ 1999 L 102, p. 11).
(4) Council Regulation (EC) No 1254/1999 of 17 May 1999 on the
common organisation of the market in beef and veal (OJ 1999 L
160, p. 21).