# C_2023024EN.01000802.xml

| 23.1.2023 | EN | Official Journal of the European Union | C 24/8 |
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23.1.2023

EN

Official Journal of the European Union

C 24/8

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Judgment of the Court (Third Chamber) of 24 November 2022 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by A

(Case C-296/21) (1)

(Reference for a preliminary ruling - Control of the acquisition and possession of weapons - Directive 91/477/EEC - Annex I, Part III - Deactivation standards and techniques - Implementing Regulation (EU) 2015/2403 - Verification and certification of deactivation of firearms - Article 3 - Verifying entity approved by a national authority - Issuance of a deactivation certificate - Entity not included on the list published by the European Commission - Transfer of deactivated firearms within the European Union - Article 7 - Mutual recognition)

(2023/C 24/11)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: A

Intervening parties: Helsingin poliisilaitos, Poliisihallitus

Operative part of the judgment

| 1. | Part III of Annex I to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons, as amended by Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008, and Article 3 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable
  must be interpreted as not precluding a legal person governed by private law, such as a commercial company, from coming within the concept of ‘verifying entity’, referred to in paragraph 1 of the latter provision, where that person appears on the list published by the European Commission pursuant to Article 3(3) of that implementing regulation. |
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1.

Part III of Annex I to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons, as amended by Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008, and Article 3 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable

must be interpreted as not precluding a legal person governed by private law, such as a commercial company, from coming within the concept of ‘verifying entity’, referred to in paragraph 1 of the latter provision, where that person appears on the list published by the European Commission pursuant to Article 3(3) of that implementing regulation.

| 2. | Part III of Annex I to Directive 91/477, as amended by Directive 2008/51, and Article 7(2) of Implementing Regulation 2015/2403
  must be interpreted as meaning that, where a deactivation certificate for a firearm is issued by a ‘verifying entity’, the Member State to which the deactivated firearm is transferred is required to recognise that certificate, unless the competent authorities of that Member State find, during a summary examination of the weapon in question, that that certificate clearly does not satisfy the requirements laid down in that implementing regulation. |
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2.

Part III of Annex I to Directive 91/477, as amended by Directive 2008/51, and Article 7(2) of Implementing Regulation 2015/2403

must be interpreted as meaning that, where a deactivation certificate for a firearm is issued by a ‘verifying entity’, the Member State to which the deactivated firearm is transferred is required to recognise that certificate, unless the competent authorities of that Member State find, during a summary examination of the weapon in question, that that certificate clearly does not satisfy the requirements laid down in that implementing regulation.

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(1)  OJ C 289, 19.7.2021.

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