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Case C-806/21, TF (Drug precursors): Judgment of the Court (Seventh Chamber) of 2 February 2023 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Criminal proceedings against TF (Reference for a preliminary ruling — 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:62021CA0806

62021CA0806

February 2, 2023
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Official Journal of the European Union

C 104/7

(Case C-806/21, (<span class="oj-super oj-note-tag">1</span>) TF (Drug precursors))

(Reference for a preliminary ruling - 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)

(2023/C 104/08)

Language of the case: Dutch

Referring court

Party in the main proceedings

Other party to the proceedings: Openbaar Ministerie

Operative part of the judgment

Article 2(d) of 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 meaning that a person who participates, in the context of an illegal activity, in the placing on the market of scheduled substances in the European Union is not an ‘operator’ for the purposes of that provision.

Language of the case: Dutch

* * *

(<span class="oj-super">1</span>) OJ C 138, 28.3.2022.

ECLI:EU:C:2023:140

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