Zuchtvieh-Export GmbH v Stadt Kempten.

• Jurisdiction: European Union
• Celex Number: 62013CJ0424
• ECLI: ECLI:EU:C:2015:259
• Date: 23 April 2015
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-424/13

JUDGMENT OF THE COURT (Fifth Chamber)

23 April 2015 ( *1 )

‛References for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005 — Protection of animals during transport — Long journey between Member States and between Member States and third countries — Article 14(1) — Check to be carried out related to the journey log by the competent authority at the place of departure prior to long journeys — Applicability of that provision in regards to the stages of the journey taking place outside the territory of the European Union — Applicability of the standards fixed by that regulation to that part of the journey’

In Case C‑424/13,

REQUEST for a preliminary ruling under Article 267 TFEU from the Bayerischer Verwaltungsgerichtshof (Germany), made by decision of 2 July 2013, received at the Court on 25 July 2013, in the proceedings

Zuchtvieh-Export GmbH

v

Stadt Kempten,

intervening parties:

Landesanwaltschaft Bayern,

THE COURT (Fifth Chamber),

composed of T. von Danwitz, President of the Chamber, C. Vajda, A. Rosas, E. Juhász and D. Šváby (Rapporteur), Judges,

Advocate General: Y. Bot,

Registrar: I. Illéssy, Administrator,

having regard to the written procedure and further to the hearing on 10 July 2014,

after considering the observations submitted on behalf of:

— Zuchtvieh-Export GmbH, by C. Winterhoff and A. Wolowski, Rechtsanwälte,

— the Stadt Kempten, by N. Briechle, acting as Agent,

— the Landesanwaltschaft Bayern, by R. Käß, acting as Agent,

— the Lithuanian Government, by D. Kriaučiūnas and Mme V. Čepaitė, acting as Agents,

— the European Commission, by F. Erlbacher and H. Kranenborg and by B. Eggers, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 11 September 2014,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of 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, and corrigendum OJ 2011, L 336, p. 86).

2 The request has been made in proceedings between Zuchtvieh-Export GmbH (‘Zuchtvieh-Export’) the applicant in the main proceedings, and the Stadt Kempten (municipality of Kempten, Germany) regarding the decision taken by the Stadt Kempten, as the competent authority of the place of departure, to refuse clearance for a consignment of cattle to be transported by road from Kempten to Andijan (Uzbekistan).

Legal context

3 Regulation No 1/2005 includes, inter alia, the following recitals: ‘(1) The Protocol on protection and welfare of animals annexed to the [EC] Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard to the welfare requirements of animals. ... (5) For reasons of animal welfare the transport of animals over long journeys, including animals for slaughter, should be limited as far as possible. ... (11) In order to ensure a consistent and effective application of this Regulation across the Community in the light of its basic principle according to which animals must not be transported in a way likely to cause injury or undue suffering to them, it is appropriate to set out detailed provisions addressing the specific needs arising in relation to the various types of transport. Such detailed provisions should be interpreted and applied in accordance with the aforesaid principle and should be timely updated whenever, in particular in the light of new scientific advice, they appear no longer to ensure compliance with the above principle for particular species or types of transport. ...’

4 Article 1 of Regulation No 1/2005 defines the scope of the regulation: ‘1. This Regulation shall apply to the transport of live vertebrate animals carried out within the Community, including the specific checks to be carried out by officials on consignments entering or leaving the customs territory of the Community. 2. Only Articles 3 and 27 shall apply to: (a) the transport of animals carried out by farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances call for transport for seasonal transhumance of certain types of animals; (b) transport carried out by farmers, of their own animals, in their own means of transport for a distance of less than 50 km from their holding. ...’

5 Article 2 of that regulation includes the following definitions: ‘... (d) “border inspection post” means any inspection post designated and approved in accordance with Article 6 of [Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (JO L 268, p. 56)], for carrying out veterinary checks on animals arriving from third countries at the border of the territory of the Community; ... (f) “competent authority” means the central authority of a Member State competent to carry out checks on animal welfare or any authority to which it has delegated that competence; ... (h) “control posts” means control posts as referred to in [Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC (OJ 1997 L 174, p. 1)]; (i) “exit point” means a border inspection post or any other place designated by a Member State where animals leave the customs territory of the Community; (j) “journey” means the entire transport operation from the place of departure to the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey; ... (m) “long journey” means a journey that exceeds [eight] hours, starting from when the first animal of the consignment is moved; ... (s) “place of destination” means the place at which an animal is unloaded from a means of transport and: (i) accommodated for at least 48 hours prior to the time of departure; or (ii) slaughtered; (t) “place of rest or transfer” means any stop during the journey which is not a place of destination, including a place where animals have changed the means of transport, with or without being unloaded; ... (w) “transport” means the movement of animals effected by one or more means of transport and the related operations, including loading, unloading, transfer and rest, until the unloading of the animals at the place of destination is completed; ...’

6 Under Article 3 of Regulation No 1/2005, entitled ‘General conditions for the transport of animals’: ‘No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them. In addition, the following conditions shall be complied with: (a) all necessary arrangements have been made in advance to minimise the length of the journey and meet animals’ needs during the journey; (b) the animals are fit for the journey; (c) the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals; ... (e) the personnel handling animals are trained or competent as appropriate for this purpose and carry out their tasks without using violence or any method likely to cause unnecessary fear, injury or suffering; (f) the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained; (g) sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey; (h) water, feed and rest are offered to the animals at suitable intervals and are appropriate in quality and quantity to their species and size.’

7 Article 5 of Regulation No 1/2005, entitled ‘Planning obligations for the transport of animals’, provides: ‘... (3) Organisers shall ensure that for each journey: (a) the welfare of the animals is not compromised by insufficient coordination of the different parts of the journey; and the weather conditions are taken into account … … (4) For long journeys between Member States and with third countries for domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species [‘animals concerned’], transporters and organisers shall comply with the provisions on the journey log set out in Annex II.’

8 According to Article 6(3) and (4) of the same regulation: ‘3. Transporters shall transport animals in accordance with the technical rules set out in Annex I. 4. Transporters shall entrust the handling of the animals to personnel who have received training on the relevant provisions of Annexes I and II.’

9 Article 8(2) of Regulation No 1/2005 provides: ‘Keepers shall check all animals arriving at a place of transit or a place of destination and determine if the animals are or have been subject to a long journey between Member States...