Judgments of Court of Justice of the European Communities nº C-207/06, of July 17, 2008

In Case C-207/06,

REFERENCE for a preliminary ruling under Article 234 EC from the Unabhängiger Finanzsenat Salzburg-Aigen (Austria), made by decision of 4 May 2006, received at the Court on 8 May 2006, in the proceedings

Schwaninger Martin Viehhandel - Viehexport

v

Zollamt Salzburg, Erstattungen,

THE COURT (Third Chamber),

composed of A. Rosas, President of the Chamber, J.N. Cunha Rodrigues, J. Klu-ka (Rapporteur), A. Ó Caoimh and P. Lindh, Judges,

Advocate General: P. Mengozzi,

Registrar: B. Fülöp, Administrator,

having regard to the written procedure and further to the hearing on 22 March 2007,

after considering the observations submitted on behalf of:

-        Schwaninger Martin, Viehhandel - Viehexport, by O. Wenzlaff, Rechtsanwalt,

-        the Austrian Government, by H. Dossi, acting as Agent,

-        the Belgian Government, by A. Hubert, acting as Agent,

-        the Greek Government, by I. Chalkias, acting as Agent,

-        the Commission of the European Communities, by J. Schieferer and F. Erlbacher, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 28 February 2008,

gives the following

Judgment

1         This reference for a preliminary ruling concerns the interpretation of Article 1 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 (OJ 1998 L 82, p. 19), and the provisio...

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