The ruling came in a recent case involving German transport company ZVK Zuchtvieh-Kontor, which German customs accused of breaking minimum rest period rules under 91/628/EEC which is designed to protect the welfare of livestock during transport.
ZVK argued that if loading and unloading cattle were treated as rest time it would have complied with the legislation.
The court agreed with this assessment, but dismissed the idea that loading and unloading constituted rest for the livestock.
Judges noted that the legislation did not limit the duration of loading and unloading so these activities could eat into the compulsory one hour allowed for watering resting and feeding after a 14-hour trip.
The law was meant to "ensure a satisfactory level of protection for the animals", so counting loading and unloading would "render that provision ineffective".
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