Case C-601/24, Gotka: Judgment of the Court (Ninth Chamber) of 11 June 2026 (request for a preliminary ruling from the Sąd Rejonowy w Jarosławiu – Poland) – Criminal proceedings against V.B. (Reference for a preliminary ruling – Protection of species of wild fauna and flora by regulating trade therein – Japanese seahorse – Regulation (EC) No 338/97 – Article 2(t) – Concept of specimen – Article 4(2) – Import permit – Article 2(j) and Article 7(3) – Personal or household effects – Article 16 – Criminal sanctions – Introduction into the European Union of specimens without an import permit – Regulation (EC) No 865/2006 – Article 57 – Introduction of personal or household effects into the European Union)
Date: 2026-06-11
Institutions: Court of Justice
Subjects: conservation of resources, import licence, medicinal product, protected species, protection of animal life, sea fish, third country, trade restriction








C_202603968EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/3968


3.8.2026






Judgment of the Court (Ninth Chamber) of 11 June 2026 (request for a preliminary ruling from the Sąd Rejonowy w Jarosławiu – Poland) – Criminal proceedings against V.B.


(Case C-601/24,
                (1)
Gotka
                (2)
)

(Reference for a preliminary ruling - Protection of species of wild fauna and flora by regulating trade therein - Japanese seahorse - Regulation (EC) No 338/97 - Article 2(t) - Concept of ‘specimen’ - Article 4(2) - Import permit - Article 2(j) and Article 7(3) - Personal or household effects - Article 16 - Criminal sanctions - Introduction into the European Union of specimens without an import permit - Regulation (EC) No 865/2006 - Article 57 - Introduction of personal or household effects into the European Union)
(C/2026/3968)
Language of the case: Polish

Referring court

Sąd Rejonowy w Jarosławiu

Party in the main proceedings

V.B.

Other party: Prokurator Prokuratury Rejonowej w Jarosławiu

Operative part of the judgment







1.


Article 2(t) 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 Regulation (EC) No 398/2009 of the European Parliament and of the Council of 23 April 2009,
must be interpreted as meaning that the concept of ‘specimen’, within the meaning of that provision, covers a preparation the complex composition of which contains inter alia extract of Japanese seahorse, a species included in Annex B to Regulation No 338/97, as amended.










2.


Article 2(j) and Article 7(3) of Regulation No 338/97, as amended by Regulation No 398/2009,
must be interpreted as meaning that a preparation the complex composition of which contains extract of Japanese seahorse – a species included in Annex B to Regulation No 338/97, as amended – lawfully purchased in a third country and introduced into the European Union for the therapeutic needs of a private individual or for those of a close relative, and not for commercial purposes, must be regarded as coming within the concept of ‘personal or household effects’, the introduction of which into the European Union is not subject to the obligation to present an import permit or, where applicable, a (re-)export document, provided that the conditions laid down for that purpose in Article 57(1) and (3) of Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein are satisfied.










3.


Article 16 of Regulation No 338/97, as amended by Regulation No 398/2009,
must be interpreted as precluding national legislation which provides for the imposition of criminal sanctions for the introduction into the European Union, without an import permit or, where applicable, without a (re-)export document, of a preparation lawfully purchased in a third country, the complex composition of which contains extract of Japanese seahorse – a species included in Annex B to Regulation No 338/97, as amended – by a private individual, for his or her own therapeutic needs or for those of a close relative and not for commercial purposes, even though that introduction comes within the derogation provided for in Article 7(3) of Regulation No 338/97, as amended, and set out in further detail in Article 57 of Regulation No 865/2006. By contrast, it does not preclude such national legislation where the introduction into the European Union of such a preparation does not come under that derogation, provided that the applicable criminal sanction complies with the proportionality requirements inherent to Article 16(2) of that regulation.






(1)  OJ C, C/2025/138.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings


ELI: http://data.europa.eu/eli/C/2026/3968/oj
ISSN 1977-091X (electronic edition)