Judgment — ECLI:EU:C:2014:2140
Date: 2014-09-04
Language of the case: Hungarian
Court formation: Second Chamber
Subject matter: Environment
Procedure: Reference for a preliminary ruling
Origin: Hungary

Summary — Judgment of the Court (Second Chamber), 4 September 2014 1. Environment — International trade in endangered species of wild fauna and flora — Species listed in Annex B to Regulation No 338/97 — Introduction in the European Union — Import permit — Non-compliance with the conditions for issuance laid down in Regulation No 338/97 — Invalidity of the permit restricted to the specimens actually affected by that non-compliance — Validity of the permit for the specimens fulfilling the conditions — Seizure and possible confiscation restricted to those specimens actually affected by the ground of invalidity (Council Regulation No 338/97, Arts 4(2) and 6, 11(2)(a) and (b), and Annex B) Article 11(2)(a) and (b) 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 an import permit which does not comply with the conditions laid down in that regulation must be considered void only in respect of the specimens actually affected by the ground of invalidity of that import permit, those specimens then being the only ones which may be seized and possibly confiscated by the competent authority of the Member State where they are situated. Although that regulation allows for the issuance of a single permit to import into the Union for a number of specimens of different species listed in Annex B to that regulation, the issuance of such a permit is not the outcome of an overall assessment of all of the specimens forming part of the cargo in question, but of an individual, in-depth examination of the situation of each of the specimens concerned. Therefore, the fact that an import permit is void in respect of the specimens of animals not meeting the conditions for issuance laid down in Article 4(2) and (6) of that regulation does not cast doubt on the validity of the permit in respect of those specimens which do fulfil those conditions. This interpretation of Article 11(2)(a) and (b) of Regulation No 338/97 does not undermine the achievement of the objectives pursued by that regulation, namely that of ensuring the fullest possible protection for species of wild fauna and flora through controls on trade in such species, in compliance with the objectives, principles and provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (see paras 25, 29, 31, 34, 35, 41, operative part)