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Case C-469/14: Judgment of the Court (Third Chamber) of 28 July 2016 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Masterrind GmbH v Hauptzollamt Hamburg-Jonas (Reference for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005 — Protection of animals during transport — Long journeys — Annex I, Chapter V, point 1.4(d) — Journey times and animal resting periods during transport — Transport of cattle — Concept of ‘rest period of at least one hour’ — Possibility of interrupting the transport several times — Article 22 — Delays during transport — Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 — Export refunds — Requirements of the welfare of live bovine animals during transport — Regulation No 817/2010 — Article 2(2) to (4) of Regulation No 817/2010 — Official veterinarian at the exit point — Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 — Unsatisfactory result of the checks carried out — Article 5(1)(c) of Regulation No 817/2010 — Whether or not that entry is binding on the national authority competent for the export refund)
ECLI:EU:UNKNOWN:62014CA0469
62014CA0469
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26.9.2016
Official Journal of the European Union
C 350/3
(Case C-469/14) (<a id="ntc1-C_2016350EN.01000301-E0001" href="#ntr1-C_2016350EN.01000301-E0001"> (<span class="super note-tag">1</span>)</a>
((Reference for a preliminary ruling - Agriculture - Regulation (EC) No 1/2005 - Protection of animals during transport - Long journeys - Annex I, Chapter V, point 1.4(d) - Journey times and animal resting periods during transport - Transport of cattle - Concept of ‘rest period of at least one hour’ - Possibility of interrupting the transport several times - Article 22 - Delays during transport - Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 - Export refunds - Requirements of the welfare of live bovine animals during transport - Regulation No 817/2010 - Article 2(2) to (4) of Regulation No 817/2010 - Official veterinarian at the exit point - Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 - Unsatisfactory result of the checks carried out - Article 5(1)(c) of Regulation No 817/2010 - Whether or not that entry is binding on the national authority competent for the export refund))
(2016/C 350/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Masterrind GmbH
Defendant: Hauptzollamt Hamburg-Jonas
Operative part of the judgment
2.Commission Regulation (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport must be interpreted as meaning that the authority competent for the payment of export refunds for bovine animals is not bound by the entry made by the official veterinarian at the exit point on the document constituting evidence of exit from the customs territory of the European Union of the animals concerned, according to which the applicable provisions of Regulation No 1/2005 were not adhered to in the context of the transport of those animals, in relation to all or some of those animals.
(<a id="ntr1-C_2016350EN.01000301-E0001" href="#ntc1-C_2016350EN.01000301-E0001">(<span class="super">1</span>)</a> OJ C 16, 19.1.2015)