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Case C-485/09: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany), lodged on 1 December 2009 — Viamex Agrar Handels GmbH v Hauptzollamt Hamburg-Jonas
ECLI:EU:UNKNOWN:62009CN0485
62009CN0485
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13.2.2010
Official Journal of the European Union
C 37/20
(Case C-485/09)
2010/C 37/22
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Viamex Agrar Handels GmbH
Defendant: Hauptzollamt Hamburg-Jonas
Questions referred
1.Does point 48(5) of Chapter VII of the Annex to 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, in the version of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC on the protection of animals during transport, apply to rail transport?
2.In situations in which the breach of Directive 91/628/EEC has not resulted in the death of the animals, are courts generally under an obligation to examine whether the competent authority of the Member State applied Article 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport in a manner consistent with the principle of proportionality?
(1) OJ 1991 L 340, p. 17.
(2) OJ 1995 L 148, p. 52.
(3) OJ 1998 L 82, p. 19.