Source: All England Reporter
Publisher Citation: [2008] All ER (D) 64 (Jan)
Court: Court of Justice of the European Communities (Third Chamber)

Judges Rosas (President), Cunha Rodrigues, Klucka (Rapporteur), O Caoimh and Lindh

Judgment Dates: 17 January 2008


European Community - Exports - Export refunds - Protection of bovine animals during transport - Payment of export refunds for bovine animals - Proportionality - Forfeiture of export refunds - Council Directive (EC) 91/628 - Commission Regulation (EC) 615/98.

The Case

Where two companies had submitted a declaration to the customs office covering the export of live bovine animals to certain countries, both applications were rejected, as part of the Annex to Council Directive (EC) 91-628 (on the protection of animals during transport) had not been complied with. No doubt could be cast on the validity of art1 of Commission Regulation615-98 (EC) (laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport); and moreover, no doubt could be cast on the validity of art5(3) of reg615-98 in the light of the principle of proportionality. It was for the finance court to assess whether the competent authorities had applied the relevant provisions of reg615-98 in a manner that was consonant with that principle.

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