On 23 May 2016 a dog owned by a Belgian woman was stolen in Belgium and, after its identity disc had been removed, was taken shortly afterwards to an animal shelter in Aachen in Germany. The Aachen Veterinary Office had impounded the dog and, although the Belgian owner pointed out that it had been vaccinated against rabies, for which the incubation period is four weeks, on 19 May 2016, placed the animal in quarantine on the ground that it did not have full protective immunity. When giving its reasons, the office furthermore cited Regulation (EU) No 576/2013 in conjunction with Implementing Regulation (EGBP U) No 577/2013.
1. In the light of the risk to human and animal health, was quarantining a proportionate measure?
2. Neither the owner nor any other authorised person was entering or leaving the country with the animal. Was this then, in any way, a non-commercial movement of a pet animal within the meaning of Regulation (EU) No 576/2013?
3. Is it permissible, in this instance, for Regulation (EU) No 576/2013 to apply at all?