Accept Refuse

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website

Document 62014CN0301

Case C-301/14: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 June 2014  — Pfotenhilfe-Ungarn e.V. v Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein

OJ C 303, 8.9.2014, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

8.9.2014   

EN

Official Journal of the European Union

C 303/25


Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 June 2014 — Pfotenhilfe-Ungarn e.V. v Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein

(Case C-301/14)

2014/C 303/32

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Pfotenhilfe-Ungarn e.V.

Defendant: Ministry of Energy Transition, Agriculture, Environment and Rural Areas of the Land Schleswig-Holstein

Joined party: The Representative of the Federal interest before the Bundesverwaltungsgericht

Questions referred

1.

Is there a transport of animals which does not take place in connection with an economic activity within the meaning of Article 1(5) of Regulation (EC) No 1/2005 (1) where that transport is effected by an animal protection association recognised as charitable and serves to re-home stray dogs with third parties for a remuneration (‘nominal fee’) which:

(a)

is less than the costs which the association incurs in connection with the animal, the transport and the re-homing, or just covers these; or

(b)

is greater than those costs but the profit serves to finance the outstanding costs of re-homing other stray animals and the costs connected with stray animals or other animal protection projects?

2.

Is it a case of a dealer engaging in intra-Community trade within the meaning of Article 12 of Directive 90/425/EEC (2) where an animal protection association recognised as charitable transports stray dogs to Germany and re-homes them with third parties for a remuneration (‘nominal fee’) which:

(a)

is less than the costs which the association incurs in connection with the animal, the transport and the re-homing, or just covers these; or

(b)

is greater than those costs but the profit serves to finance the outstanding costs of re-homing other stray animals and the costs connected with stray animals or other animal protection projects?


(1)  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 (OJ 2005 L 3, p. 1).

(2)  Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market (OJ 1990 L 224, p. 29).


Top