The aim of Council Directive 91/174/EC was to lay down requirements for the marketing of pure bred animals in the context of farming activities. Therefore, dog breeding as described in the question would not appear to be covered by this directive.

As regards the application of the freedom to provide services (Articles 56-62 TFEU) it should be first examined, following the settled case-law of the Court of Justice of the EU, whether by its rules or practices the private association Danish Kennel Club acted in a way aiming at regulating in a collective manner the provision of services, in which case Article 56 may apply (see, for example, the Judgment of the Court of Justice of 11 December 2007 in Case C‑438/05, International Transport Workers’ Federation). In the present case, however, and on the basis of the information provided, there is no indication that the Danish Kennel Club, as a private association, could be deemed to have acted in such a way. Under these circumstances the Commission does not intend to investigate further. The Commission would nonetheless stand ready to examine any information deemed to point to the opposite conclusion.

OJ C 243 E, 20/08/2011