28.8.2010 |
EN |
Official Journal of the European Union |
C 234/28 |
Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 1 July 2010 — Danske Svineproducenter v Justitsministeriet
(Case C-316/10)
()
2010/C 234/45
Language of the case: Danish
Referring court
Vestre Landsret
Parties to the main proceedings
Applicant: Danske Svineproducenter
Defendant: Justitsministeriet
Question referred
Is the second paragraph of Article 249 EC [now the second paragraph of Article 267 TFEU] and Article 37 of Council Regulation No 1/2005 (1) 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, and also Article 3(f) and (g), together with point 1.1(f) and point 1.2 of Chapter II, together with Part D of Chapter VII of Annex I to that regulation to be interpreted as meaning that Member States are precluded from adopting national rules which lay down detailed requirements for internal transport height, inspection height and loading density?
(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)