21.6.2008

Official Journal of the European Union

C 158/4

(Case C-491/06) (1)

(Directive 91/628/EEC - Protection of animals during transport - Implementation - Margin of discretion - Domestic animals of the porcine species - Journeys exceeding eight hours - Minimum height of each deck of the vehicle - Loading density)

(2008/C 158/06)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Danske Svineproducenter

Defendant: Justitsministeriet

Intervener: Den Europæiske Dyre- og Kødhandelsunion (UECBV)

Re:

Reference for a preliminary ruling — Vestre Landsret — Interpretation of points 2(b), 47(D) and the third indent of point 48(3) of the Annex to Council Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17), as amended by Council Directive 95/29/EC of 29 June 1995 (OJ 1995 L 148, p. 52) — Minimum height and loading density in each deck in vehicles transporting pigs where the transport exceeds eight hours

Operative part of the judgment

1.National rules such as those at issue in the main proceedings, comprising figures for the animal compartment height in order that transporters may refer to more precise standards than those set out in 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, as amended by Council Directive 95/29/EC of 29 June 1995, may fall within the margin of discretion conferred on the Member States by Article 249 EC, on condition that those rules, which comply with the objective pursued by that directive, as amended, of protecting animals during transport do not, contrary to the principle of proportionality, prevent attainment of the objectives, also pursued by that directive, as amended, of eliminating technical barriers to trade in live animals and allowing market organisations to operate smoothly. It is for the national court to establish whether those rules comply with those principles.

2.Section D of point 47 in Chapter VI of the annex to Directive 91/628, as amended by Directive 95/29, must be interpreted as meaning that a Member State is entitled to introduce national rules under which, in the case of transport operations of over eight hours' duration, the available space per animal must be at least 0,50 m² per 100 kg of pig.

(1) OJ C 326, 30.12.2006.