# C_2021278EN.01001901.xml

| 12.7.2021 | EN | Official Journal of the European Union | C 278/19 |
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12.7.2021

EN

Official Journal of the European Union

C 278/19

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Judgment of the Court (Seventh Chamber) of 12 May 2021 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Hauptzollamt B v XY

(Case C-87/20) (1)

(Reference for a preliminary ruling - Protection of species of wild fauna and flora by regulating trade therein - Regulations (EC) No 338/97 and (EC) No 865/2006 - Sturgeon caviar - Introduction into the customs territory of to the European Union for personal and household effects - Import permit - Derogation - Limit of 125 grams per person - Exceeded - Intention to give as a gift to a third party)

(2021/C 278/26)

Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings

Applicant: Hauptzollamt B

Defendant: XY

Operative part of the judgment

| 1. | Article 7(3) 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, as amended by Commission Regulation (EU) No 1320/2014 of 1 December 2014, must be interpreted as meaning that sturgeon caviar, when brought into the customs territory of the European Union, may be regarded as a ‘personal or household item’ within the meaning of that provision, when it is intended to be offered as a gift to a third party, provided that there is no evidence of a commercial purpose, and may thus benefit from the derogation provided for in that provision from the obligation on the importer to present an import permit; |
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1.

Article 7(3) 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, as amended by Commission Regulation (EU) No 1320/2014 of 1 December 2014, must be interpreted as meaning that sturgeon caviar, when brought into the customs territory of the European Union, may be regarded as a ‘personal or household item’ within the meaning of that provision, when it is intended to be offered as a gift to a third party, provided that there is no evidence of a commercial purpose, and may thus benefit from the derogation provided for in that provision from the obligation on the importer to present an import permit;

| 2. | Article 57(5)(a) of Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules for the implementation of Council Regulation No 338/97, as amended by Commission Regulation (EU) 2015/870 of 5 June 2015 must be interpreted as meaning that, where the quantity of sturgeon caviar brought into the customs territory of the European Union exceeds the limit of 125 grams per person and the importer is not in possession of a permit issued for the purpose of the import, the entire quantity of sturgeon caviar so imported is to be confiscated by the competent customs authority. |
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2.

Article 57(5)(a) of Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules for the implementation of Council Regulation No 338/97, as amended by Commission Regulation (EU) 2015/870 of 5 June 2015 must be interpreted as meaning that, where the quantity of sturgeon caviar brought into the customs territory of the European Union exceeds the limit of 125 grams per person and the importer is not in possession of a permit issued for the purpose of the import, the entire quantity of sturgeon caviar so imported is to be confiscated by the competent customs authority.

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(1)  OJ C 175, 25.5.2020.

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