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Case C-383/16: Judgment of the Court (Third Chamber) of 19 October 2017 (request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven — Netherlands) — Vion Livestock BV v Staatssecretaris van Economische Zaken (Reference for a preliminary ruling — Common organisation of the markets — Protection of animals during transport — Export refunds — Regulation (EU) No 817/2010 — Regulation (EC) No 1/2005 — Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination — Recovery of amounts over-paid)
ECLI:EU:UNKNOWN:62016CA0383
62016CA0383
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11.12.2017
Official Journal of the European Union
C 424/9
(Case C-383/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Common organisation of the markets - Protection of animals during transport - Export refunds - Regulation (EU) No 817/2010 - Regulation (EC) No 1/2005 - Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination - Recovery of amounts over-paid))
(2017/C 424/12)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Vion Livestock BV
Defendant: Staatssecretaris van Economische Zaken
Operative part of the judgment
Article 7 of 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, read in conjunction with Articles 3(1) and (2) and 2(2) of Regulation No 817/2010, and with points 3, 7 and 8 of Annex II to 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, must be interpreted as meaning that repayment of export refunds under Regulation No 817/2010 may be required where the transporter of bovine animals has not kept a copy of the journey log provided for in Annex II to Regulation No 1/2005 up to date until the place of the first unloading in the third country of final destination.
(<span class="note">1</span>) OJ C 371, 10.10.2016.