Joined Cases C-37/06 and C-58/06: Judgment of the Court (Third Chamber) of 17 January 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK) (C-58/06) v Hauptzollamt Hamburg-Jonas (Regulation (EC) No 615/98 — Directive 91/628/EEC — Export refunds — Protection of bovine animals during transport — Payment of export refunds for bovine animals subject to compliance with Directive 91/628/EEC — Principle of proportionality — Forfeiture of export refunds)
Date: 2008-01-17
Institutions: Court of Justice
Subjects: animal welfare, export refund, interpretation of the law, protection of animals, transport of animals

C 64/6

EN

Official Journal of the European Union

8.3.2008

3. Orders Cofradía de pescadores ‘San Pedro’ de Bermeo and the other
applicants, whose names are set out in the Annex to the judgment
of the Court of First Instance of the European Communities of
19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San
Pedro’ de Bermeo and Others v Council, and the Council of the
European Union, to bear their own costs;

4. Orders the Commission of the European Communities to bear its

own costs.

(1) OJ C 60, 11.3.2006.

Judgment of the Court (Third Chamber) of 17 January
2008 (reference
a preliminary ruling from the
Finanzgericht Hamburg, Germany) — Viamex Agrar
Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK)
(C-58/06) v Hauptzollamt Hamburg-Jonas

for

(Joined Cases C-37/06 and C-58/06) (1)

(Regulation (EC) No 615/98 — Directive 91/628/EEC —
Export refunds — Protection of bovine animals during trans-
port — Payment of export refunds for bovine animals subject
to compliance with Directive 91/628/EEC — Principle of
proportionality — Forfeiture of export refunds)

ture of a refund as a result of a failure to observe prescribed rest
periods during the transport of the animals

Operative part of the judgment

1) Consideration of the first question has disclosed nothing capable of
casting doubt on the validity of Article 1 of Commission Regu-
lation (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.

2) Consideration of the second question has disclosed nothing capable
of casting doubt on the validity of Article 5(3) of Regulation
No 615/98 in the light of the principle of proportionality. It is for
the Finanzgericht Hamburg to assess whether
competent
authorities have applied the relevant provisions of Regulation
No 615/98 in a manner that is consonant with that principle.

the

(1) OJ C 96, 22.4.2006.

Judgment of the Court (First Chamber) of 10 January 2008
v
— Commission

European Communities

the

of
Portuguese Republic

(2008/C 64/06)

Language of the case: German

(Case C-70/06) (1)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing the failure of a Member State to
fulfil its obligations — Non-compliance — Financial penalty)

Referring court

Finanzgericht Hamburg

(2008/C 64/07)

Language of the case: Portuguese

Parties to the main proceedings

Parties

Applicants: Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-
Kontor GmbH (ZVK) (C-58/06)

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, A. Caeiros and P. Andrade, Agents)

Defendant: Hauptzollamt Hamburg-Jonas

Defendant: Portuguese Republic (represented by: L. Fernandes,
P. Fragoso Martins and J. A. de Oliveira, Agents)

Re:

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Validity of Articles 1 and 5(3) of 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) — Payment of export refunds for bovine
animals subject to compliance with the provisions of Council
Directive 91/628/EEC of 19 November 1991 on the protection
of
amending Directives
90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17) — Forfei-

transport

animals

during

and

Failure of a Member State to fulfil obligations — Article 228 EC
— Failure to comply with the judgment of the Court of Justice
of 14 October 2004 in Case C-275/03 — Imperfect transposi-
tion into domestic law of Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws, regulations
and administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (OJ 1989 L 395, p. 33) — Request that a
penalty should be fixed