I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
C series
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13.1.2025
(C/2025/138)
Language of the case: Polish
Defendant: V.B.
Other party: Prokurator Prokuratury Rejonowej w Jarosławiu
1.Must the term ‘specimen’ as used in Article 2(t) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein be interpreted as encompassing a medicinal product which is legally available in pharmacies of a third country that is not a member of the European Union and which contains, in its complex composition, inter alia, extract of Japanese seahorse (Syngnathidae Hippocampus spp. (II)), listed in Annex B to that regulation?
2.Must Article 1 of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, read in the light of Article 2(t) of that regulation, be interpreted as precluding rules of national law according to which it is possible to hold criminally responsible a consumer who imports into the Community (without a permit) a medicinal product for personal use which was legally purchased in a pharmacy of a third country that is not a member of the European Union and which contains, in its complex composition, inter alia, extract of Japanese seahorse (Syngnathidae Hippocampus spp. (II)), listed in Annex B to that regulation, if there is no evidence of a commercial purpose?
3.Must the term ‘personal or household effects’ as used in Article 2(j) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, which serves as the basis for an exemption (derogation) from the obligation to present a permit under Article 7(3) of that regulation, be interpreted as encompassing a medicinal product which is acquired for the medical needs of the purchaser or of a close relative, was legally purchased in a pharmacy of a third country that is not a member of the European Union, and contains, in its complex composition, inter alia, extract of Japanese seahorse (Syngnathidae Hippocampus spp. (II)), listed in Annex B to that regulation, if there is no evidence of a commercial purpose?
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
OJ 1997 L 61, p. 1.
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ELI: http://data.europa.eu/eli/C/2025/138/oj
ISSN 1977-091X (electronic edition)
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