CELEX: C2006/096/03
Language: en
Date: 2006-04-22 00:00:00
Title: Cases C-37/06 and C-58/06: References for a preliminary ruling from the Finanzgericht Hamburg by orders of that court of  10  and  12 January 2006  in Viamex Agrar Handels GmbH (Case C-37/06) and ZVK Zuchtvieh-Kontor GmbH (Case C-58/06) v Hauptzollamt Hamburg-Jonas

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/2
            
         References for a preliminary ruling from the Finanzgericht Hamburg by orders of that court of 10 and 12 January 2006 in Viamex Agrar Handels GmbH (Case C-37/06) and ZVK Zuchtvieh-Kontor GmbH (Case C-58/06) v Hauptzollamt Hamburg-Jonas
   (Cases C-37/06 and C-58/06)
   (2006/C 96/03)
   Language of the cases: German
   Reference has been made to the Court of Justice of the European Communities by orders of the Finanzgericht Hamburg (Hamburg Finance Court) of 10 and 12 January 2006, received at the Court Registry on 23 January 2006 and 3 February 2006, for a preliminary ruling in the proceedings between Viamex Agrar Handels GmbH (Case C-37/06) and ZVK Zuchtvieh-Kontor GmbH (Case C-58/06) v Hauptzollamt Hamburg-Jonas on the following questions:
   
               1.
            
            
               Is Article 1 of Regulation (EC) No 615/98 (1) valid inasmuch as it links the grant of an export refund to compliance with Directive 91/628/EEC (2) on the protection of animals during transport?
            
         
               2.
            
            
               If the first question should be answered in the affirmative: Is Article 5(3) of Regulation (EC) No 615/98, according to which export refunds are not to be paid for animals for which the competent authority considers, in the light of all elements at its disposal concerning compliance with Article 1 of Regulation (EC) No 615/98, that the Directive on the protection of animals during transport was not complied with, compatible with the principle of proportionality?
            
         
      (1)  OJ L 82, p. 19.
   
      (2)  OJ L 340, p. 17.