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Case C-231/18: Request for a preliminary ruling from the Oberlandesgericht Oldenburg (Germany) lodged on 3 April 2018 — Case involving an administrative fine imposed on NK
ECLI:EU:UNKNOWN:62018CN0231
62018CN0231
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(Case C-231/18)
Language of the case: German
Referring court
Parties to the main proceedings
Other parties: Staatsanwaltschaft Oldenburg (Public Prosecutor’s Office, Oldenburg); Staatliches Gewerbeaufsichtsamt Oldenburg (Commercial Regulatory Authority, Oldenburg)
Questions referred
1.Can a livestock wholesaler who purchases live animals from a farmer and transports them within a distance of up to 100 km to a slaughterhouse, to which he sells the animals, rely on the exception provided for in Article 13(1)(p) of Regulation (EC) No 561/2006 (1) of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport — ‘vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 100 km’ — because the purchase from the farmer involves a ‘market’ within the meaning of this provision or the cattle trade enterprise is itself regarded as a ‘market’?
If it does not involve a ‘market’ within the meaning of this provision:
2.Can the livestock wholesaler who purchases live animals from a farmer and transports them within a radius of up to 100 km to a slaughterhouse, to which he sells the animals, rely on this exception by analogy to the aforesaid rule?
(1) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1).