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Case C-174/22, EV (Drug precursors): Order of the Court (Seventh Chamber) of 1 December 2023 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — Criminal proceedings against EV (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Drug precursors — Framework Decision 2004/757/JHA — Article 2(1)(d) — Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs — Regulation (EC) No 273/2004 — Scheduled substances — Article 2 — Concept of ‘operator’ — Article 8(1) — Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances — Obligation to notify those circumstances — Concept of ‘circumstance’ — Scope)
ECLI:EU:UNKNOWN:62022CB0174
62022CB0174
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Official Journal of the European Union
Series C
C/2024/1385
19.2.2024
(Case C-174/22, (1) EV (Drug precursors))
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Drug precursors - Framework Decision 2004/757/JHA - Article 2(1)(d) - Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs - Regulation (EC) No 273/2004 - Scheduled substances - Article 2 - Concept of ‘operator’ - Article 8(1) - Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances - Obligation to notify those circumstances - Concept of ‘circumstance’ - Scope)
(C/2024/1385)
Language of the case: Bulgarian
Referring court
Varhoven kasatsionen sad (Bulgaria)
Party to the main criminal proceedings
Interested party:
Varhovna kasatsionna prokuratura
Operative part of the order
Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, as amended by Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013,
must be interpreted as not applying to a situation in which a person is in possession, in the context of an illegal activity, of scheduled substances of category 3 of Annex I to that regulation. The fact that that person was in possession of such substances without a licence or registration is irrelevant in that regard.
ELI: http://data.europa.eu/eli/C/2024/1385/oj
ISSN 1977-091X (electronic edition)
* * *
(*1) Language of the case: Bulgarian.