Judgment_paragraph 3 · Pfotenhilfe-Ungarn e.V. v Ministerium für Energiewende, Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein (C-301/14)

3Recitals 2, 12 and 21 in the preamble to Regulation No 1/2005 states:(2) Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport [and amending Directives 90/425 and 91/496/EEC (OJ 1991 L 340, p. 17), amended by Regulation (EC) No 806/2003 of 14 April 2003 (OJ 2003 L 122, p. 1, Directive 91/628)], the Council has adopted rules in the field of the transport of animals in order to eliminate technical barriers to trade in live animals and to allow market organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.…(12) Transport for commercial purposes is not limited to transport where an immediate exchange of money, goods or services takes place. Transport for commercial purposes includes, in particular, transport which directly or indirectly involves or aims at a financial gain.…(21) Registered Equidae, as defined in Article 2(c) of [Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ 1990 L 224, p. 42), amended by Directive 2004/68/EC (OJ 2004 L 139, p. 321)], are frequently transported for non-commercial purposes and such transports must be carried out in line with the overall objectives of this Regulation. Having regard to the nature of such movements, it appears appropriate to derogate from certain provisions where registered Equidae are transported for competition, races, cultural events or breeding.…’