CELEX: 62010CN0045
Language: en
Date: 2010-01-28 00:00:00
Title: Case C-45/10: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgian State

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/23
            
         Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgian State
   (Case C-45/10)
   2010/C 100/34
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
               Applicants
            
            
               :
            
            
               Vlaamse Dierenartsenvereniging VZW
               Marc Janssens
            
         
               Defendant
            
            
               :
            
            
               Belgian State
            
         
      Questions referred
   
   
               1.
            
            
               Do Articles 3(b), 4(2), 5 and the second subparagraph of Article 17 of Regulation 998/2003/EC (1) of the European Parliament and the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC and the articles and annexes of Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude a national legislative measure which also uses the model of the European pet passport as proof of the identification and registration of dogs and in so doing makes provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details?
            
         
               2.
            
            
               Are national provisions which also use the model of the European pet passport, as contained in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets, as proof of the identification and registration of dogs and in so doing make provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of such a passport by means of identification stickers, technical regulations within the meaning of Article 1 of Directive 98/34/EC (3) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, which under Article 8 of that directive must be communicated to the European Commission before they are enacted?
            
         
      (1)  OJ 2003 L 146, p. 1.
   
      (2)  OJ 2003 L 312, p. 1.
   
      (3)  OJ 1998 L 204, p. 37.