2.9.2006   

EN

Official Journal of the European Union

C 212/20


Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 26 June 2006 — Interboves GmbH v Hauptzollamt Hamburg-Jonas

(Case C-277/06)

(2006/C 212/34)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Interboves GmbH

Defendant: Hauptzollamt Hamburg-Jonas

Questions referred

1.

Does point 48.7(a) of Chapter VII of the Annex to Directive 91/628/EEC (1) define the basic conditions for transport by sea so that, in principle, — provided that the conditions laid down in points 48.3 and 48.4 of Chapter VII of the Annex to Directive 91/628/EEC, except for journey times and rest periods, are met — the journey times by road before and after transport by sea are not interconnected, even where animals are being transported on so-called roll-on/roll-off ferries?

2.

Does point 48.7(b) of Chapter VII of the Annex to Directive 91/628/EEC include a special provision for so-called roll-on/roll-off ferries operating in the Community which applies alongside or in addition to the conditions laid down in point 48.4(a) of Chapter VII of the Annex to Directive 91/628/EEC, so that a new maximum journey time of 29 hours (cf. point 48.4(d) of Chapter VII of the Annex to the Directive) does not commence after arrival of the ferry at the port of destination (the animals having instead to be rested for 12 hours) only if the journey time at sea is such that the voyage has exceeded the general scheme of points 48.2 to 48.4 of Chapter VII of the Annex to the Directive — namely 29 hours in accordance with point 48.4(d)?


(1)  OJ L 340, p. 17.