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Case C-634/17: Request for a preliminary ruling from the Verwaltungsgericht Oldenburg (Germany) lodged on 13 November 2017 — ReFood GmbH & Co. KG v Landwirtschaftskammer Niedersachsen
ECLI:EU:UNKNOWN:62017CN0634
62017CN0634
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12.2.2018
Official Journal of the European Union
C 52/16
(Case C-634/17)
(2018/C 052/21)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: ReFood GmbH & Co. KG
Defendant: Landwirtschaftskammer Niedersachsen
Questions referred
The following questions on the interpretation of Article 1(3)(d) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste are referred for a preliminary ruling:
1.Is the provision to be interpreted as an exemption which applies to all shipments which, pursuant to Article 2 of Regulation (EC) No 1069/2009, come within the scope of that latter regulation?
2.If the first question should be answered in the negative: Is the provision to be interpreted as an exemption which applies to shipments which are subject to rules regarding collection, transport, identification and traceability pursuant to Regulation (EC) No 1069/2009, read also in conjunction with Implementing Regulation (EU) No 142/2011?
3.If the second question should be answered in the negative: Is the provision to be interpreted as an exemption which applies only to those shipments which are consignments requiring consent pursuant to Article 48(1) of Regulation (EC) No 1069/2009?
Language of the case: German.
(1) OJ 2006 L 190, p. 1.
(2) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).
(3) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ 2011 L 54, p. 1).