Judgment — ECLI:EU:C:2009:482
Date: 2009-07-16
Language of the case: Polish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: Environment;Rights of the defence and procedural guarantees
Procedure: Reference for a preliminary ruling
Origin: Poland

Summary of the Judgment Environment – International trade in endangered species of wild fauna and flora – Species listed in Annex B to Regulation No 338/97 (Council Regulation No 338/97, Art. 8(5) and Annex B) Article 8(5) of Regulation No 338/97 on the protection of species of wild fauna and flora by regulating trade therein must be interpreted as meaning that, in the context of criminal proceedings brought against a person accused of having infringed that provision, any type of evidence accepted under the procedural law of the Member State concerned in similar proceedings is in principle admissible for the purpose of establishing whether specimens of animal species listed in Annex B to that regulation were lawfully acquired. In the light also of the principle of the presumption of innocence, such a person may adduce any such evidence to prove that those specimens came lawfully into his possession in accordance with the conditions laid down in that provision. It is therefore for the national authorities to determine, according to the principles of their national law on evidence, whether, in the specific case before them, and in the light of all the circumstances, it has been proved that the conditions laid down in Article 8(5) of Regulation No 338/97 have been met. That regulation does not limit the evidence that may be used in order to establish that specimens of those species were acquired lawfully. (see paras 28-29, 34, operative part)