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Case C-806/21: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 21 December 2021 — Criminal proceedings against TF
ECLI:EU:UNKNOWN:62021CN0806
62021CN0806
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28.3.2022
Official Journal of the European Union
C 138/14
(Case C-806/21)
(2022/C 138/15)
Language of the case: Dutch
Referring court
Party to the main proceedings
Questions referred
1.Are natural and legal persons who are involved in the placing on the market of scheduled substances in such a way that that involvement constitutes an offence punishable under Article 2(1)(d) of Framework Decision 2004/757 (1) to be regarded as ‘operators’ for the purposes of Article 2(d) of Regulation No 273/2004? (2)
If the answer to this first question is in the affirmative:
(a)Does the conduct of the operator referred to in Question 1 constitute a ‘circumstance’ for the purposes of Article 8(1) of Regulation No 273/2004?
(b)Does conduct such as the receipt, transport and storage of scheduled substances constitute a ‘circumstance’ for the purposes of Article 8(1) of Regulation No 273/2004 if that conduct does not take place with the intention of supplying those substances to a third party?
Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8).
Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1).