Brussels, 11/09/2015 (Agence Europe) - The fact that associations transport animals between member states without trying to get any pecuniary profits from it does not dispense it from respecting either European rules on the welfare of animals during transport or the declaration and registration rules either.
This was the conclusion presented to the European Court of Justice by Advocate General Eleanor Sharpston on Thursday 10 September in case C-301/14 concerning German association Pfotenhilfe which transports stray dogs mainly from Hungary to Germany for a charge that does not fully cover the association's costs and any possible profits go to finance the process of finding a home for other abandoned animals.
A German court asked the Court of Justice whether such transport should be considered an economic activity or instead as the non-commercial transport of pets (EU Regulation 998/2003). In the first case, the requirements are more stringent because the rules governing the welfare of animals during transport (EU Regulation 1/2005) and the rules governing the declaration and registration of the inter-EU sale of animals by operators (EU Directive 90/425/EEC) would apply.
Sharpston says that since the transport in question is part of an offer of goods or services on a specific market, there is reason to consider that it is an economic activity since the situation is difficult to distinguish from the standard sale of a dog from a kennel. Regulation 998/2003, she explains, does not distinguish between non-profit and profit-making activities. Animal welfare rules for transport under this regulation would therefore apply. As for Directive 90/425/EEC, the judge considers that it too should apply because Pfotenhilfe can be considered an operator carrying out the inter-EU sale of animals, given the existence of a commercial transaction. (Jan Kordys)