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Joined Cases C-37/06 and C-58/06: 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 (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)
ECLI:EU:UNKNOWN:62006CA0037
62006CA0037
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Official Journal of the European Union
C 64/6
(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
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
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.
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.
(1) OJ C 96, 22.4.2006.