CELEX: 62014CN0301
Language: en
Date: 2014-06-24 00:00:00
Title: Case C-301/14: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 June 2014  — Pfotenhilfe-Ungarn e.V. v Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein

8.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/25
            
         Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 June 2014 — Pfotenhilfe-Ungarn e.V. v Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein
   (Case C-301/14)
   2014/C 303/32
   Language of the case: German
   
      Referring court
   
   Bundesverwaltungsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Pfotenhilfe-Ungarn e.V.
   
      Defendant: Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein
   
      Joined party: The Representative of the Federal interest before the Bundesverwaltungsgericht
   
      Questions referred
   
   
               1.
            
            
               Is there a transport of animals which does not take place in connection with an economic activity within the meaning of Article 1(5) of Regulation (EC) No 1/2005 (1) where that transport is effected by an animal protection association recognised as charitable and serves to re-home stray dogs with third parties for a remuneration (‘nominal fee’) which:
               
                           (a)
                        
                        
                           is less than the costs which the association incurs in connection with the animal, the transport and the re-homing, or just covers these; or
                        
                     
                           (b)
                        
                        
                           is greater than those costs but the profit serves to finance the outstanding costs of re-homing other stray animals and the costs connected with stray animals or other animal protection projects?
                        
                     
         
               2.
            
            
               Is it a case of a dealer engaging in intra-Community trade within the meaning of Article 12 of Directive 90/425/EEC (2) where an animal protection association recognised as charitable transports stray dogs to Germany and re-homes them with third parties for a remuneration (‘nominal fee’) which:
               
                           (a)
                        
                        
                           is less than the costs which the association incurs in connection with the animal, the transport and the re-homing, or just covers these; or
                        
                     
                           (b)
                        
                        
                           is greater than those costs but the profit serves to finance the outstanding costs of re-homing other stray animals and the costs connected with stray animals or other animal protection projects?
                        
                     
         
      (1)  Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ 2005 L 3, p. 1).
   
      (2)  Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market (OJ 1990 L 224, p. 29).