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8.3.2008 |
EN |
Official Journal of the European Union |
C 64/6 |
Judgment of the Court (Third Chamber) of 17 January 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK) (C-58/06) v Hauptzollamt Hamburg-Jonas
(Joined Cases C-37/06 and C-58/06) (1)
(Regulation (EC) No 615/98 - Directive 91/628/EEC - Export refunds - Protection of bovine animals during transport - Payment of export refunds for bovine animals subject to compliance with Directive 91/628/EEC - Principle of proportionality - Forfeiture of export refunds)
(2008/C 64/06)
Language of the case: German
Referring court
Finanzgericht Hamburg
Parties to the main proceedings
Applicants: Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK) (C-58/06)
Defendant: Hauptzollamt Hamburg-Jonas
Re:
Reference for a preliminary ruling — Finanzgericht Hamburg — Validity of Articles 1 and 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport (OJ 1998 L 82, p. 19) — Payment of export refunds for bovine animals subject to compliance with the provisions of 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) — Forfeiture of a refund as a result of a failure to observe prescribed rest periods during the transport of the animals
Operative part of the judgment
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1) |
Consideration of the first question has disclosed nothing capable of casting doubt on the validity of Article 1 of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport. |
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2) |
Consideration of the second question has disclosed nothing capable of casting doubt on the validity of Article 5(3) of Regulation No 615/98 in the light of the principle of proportionality. It is for the Finanzgericht Hamburg to assess whether the competent authorities have applied the relevant provisions of Regulation No 615/98 in a manner that is consonant with that principle. |