Case C-277/06: Judgment of the Court (Third Chamber) of 9 October 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Interboves GmbH v Hauptzollamt Hamburg-Jonas (Directive 91/628/EEC — Export refunds — Protection of animals during transport — Transport of bovine animals by sea between two geographical points of the Community — Vehicle loaded onto a vessel without unloading the animals — 12 hour rest period — Obligation)
Date: 2008-10-09
Institutions: Court of Justice
Subjects: ferryboat, interpretation of the law, length of journey, maritime transport, protection of animals, transport of animals

C 69/2

EN

Official Journal of the European Union

21.3.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Third Chamber) of 9 October 2008
(reference for a preliminary ruling from the Finanzgericht
Hamburg, Germany) — Interboves GmbH v Hauptzollamt
Hamburg-Jonas

(Case C-277/06) (1)

(Directive 91/628/EEC — Export refunds — Protection of
animals during transport — Transport of bovine animals by
sea between two geographical points of the Community —
Vehicle loaded onto a vessel without unloading the animals —
12 hour rest period — Obligation)

(2009/C 69/02)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Interboves GmbH

Defendant: Hauptzollamt Hamburg-Jonas

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of point 48.7 (a) and (b) of Chapter VII of the
annex to Council Directive 91/628/EEC of 19 November 1991
on the protection of animals during transport and amending
Directives 90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17)
— Need to allow a 12 hour rest period after transporting
bovine animals by sea between two points within the Com-
munity by means of a vehicle taken on board a vessel without
unloading of the animals

Operative part of the judgment

— Point 48.7(a) of the Annex to Council Directive 91/628/EEC of
19 November 1991 on the protection of animals during transport
and amending Directives 90/425/EEC and 91/496/EEC, as
amended by Council Directive 95/29/EC of 29 June 1995, is to
be interpreted as defining the general provisions applicable to
transport by sea, including transport by roll-on/roll-off ferry on a
regular and direct link between two geographical points of the
European Community by means of vehicles loaded on to vessels
without unloading of the animals, with the exception, so far as
that type of vessel is concerned, of rest periods given to the animals
after unloading, which are provided for in point 48.7(b) of that
annex.

transport by roll-on/roll-off

— In accordance with that latter provision, whether there is a connec-
transport by road preceding and
tion between the periods of
following a period of
ferry on a
regular and direct link between two geographical points of the
Community by means of vehicles loaded on to vessels without
the
unloading of
maximum duration of 28 hours of travel on a roll on/roll-off ferry
referred to in paragraph 48.4(d) of
the annex to Directive
91/628 has been exceeded.

the animals depends on whether or not

— Where the duration of

transport by roll-on/roll-off

ferry on a
regular and direct link between two geographical points of the
Community by means of vehicles loaded on to vessels without
unloading of the animals is less than the maximum duration of
28 hours, a period of transport by road can begin immediately
after the animals are unloaded at the port of destination. In order
to calculate the duration of that period, the duration of the period
of transport by road which preceded transport by roll on/roll-off
ferry should be taken into account, unless a rest period of at least
24 hours, in application of point 48.5 of the annex to Directive
91/628, has neutralised the period of transport by road preceding
the transport by sea.
to ascertain
whether,
in the dispute in the main proceedings, the journey at
issue meets the abovementioned conditions.

is for the national court

It

(1) OJ C 212, 2.9.2006.