CELEX: 62010CN0057
Language: en
Date: 2010-01-28 00:00:00
Title: Case C-57/10: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — Vlaamse Dierenartsenvereniging VZW v Belgische Staat

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/25
            
         Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — Vlaamse Dierenartsenvereniging VZW v Belgische Staat
   (Case C-57/10)
   2010/C 100/38
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicant: Vlaamse Dierenartsenvereniging VZW
   
      Defendant: Belgische Staat
   
      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 national legislation in regard to the passport for cats and ferrets which refers to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet in addition prescribes that every passport must bear a unique number consisting of thirteen characters, namely, ‘BE’, the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits?
            
         
               2.
            
            
               Is national legislation which in regard to the passport for cats and ferrets refers to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet in addition prescribes that every passport must bear a unique number consisting of thirteen characters, namely, ‘BE’, the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits, a technical regulation 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 its enactment?’
            
         
      (1)  OJ 2003 L 146, P. 1.
   
      (2)  OJ 2003 L 312, p. 1.
   
      (3)  OJ 1998 L 204, p. 37.