Criminal proceedings against Aime Richardt and Les Accessoires Scientifiques SNC. (Free movement of goods) [1991] EUECJ C-367/89 (4 October 1991)

Criminal proceedings against Aime Richardt and Les Accessoires Scientifiques SNC. (Free movement of goods) [1991] EUECJ C-367/89 (4 October 1991)

Council Regulation (EEC) No 222/77 does not preclude Member State legislation requiring special authorization for transit of strategic goods on external security grounds, regardless of the Community transit document issued by another Member State, provided that measures taken for non-compliance are not disproportionate to the objective pursued.

Citation
[1991] EUECJ C-367/89
Parties
Defendant: Mr Aimé Richardt; Defendant: Les Accessoires Scientifiques (LAS); Prosecutor: Finance Ministry of the Grand Duchy of Luxembourg; Prosecutor: Director of Customs, Grand Duchy of Luxembourg; Third Party: Technoprominport
Jurisdiction
European Union
Judgment Date
04 October 1991
Procedural Posture
Criminal / Preliminary Ruling
Outcome
Regulation No 222/77 does not preclude Member State legislation requiring special authorization for transit of strategic goods; measures for non-compliance must be proportionate.
Legal Topics
Community Transit, Strategic Goods, External Security, Free Movement of Goods, Proportionality
European Union Law Criminal Law Customs Law Community Transit Strategic Goods External Security Free Movement of Goods Proportionality

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Parties

Mr Aimé Richardt

Defendant

Les Accessoires Scientifiques (LAS)

Defendant

Finance Ministry of the Grand Duchy of Luxembourg

Prosecutor

Director of Customs, Grand Duchy of Luxembourg

Prosecutor

Technoprominport

Third Party

Procedural Posture

Criminal / Preliminary Ruling

Legal Issues

  1. 1 Interpretation of Council Regulation (EEC) No 222/77 regarding transit authorization for strategic goods
  2. 2 Compatibility of national legislation requiring special authorization with Community law

Ratio Decidendi

Council Regulation (EEC) No 222/77 does not preclude Member State legislation requiring special authorization for transit of strategic goods on external security grounds, regardless of the Community transit document issued by another Member State, provided that measures taken for non-compliance are not disproportionate to the objective pursued.

Court Disposition

Regulation No 222/77 does not preclude Member State legislation requiring special authorization for transit of strategic goods; measures for non-compliance must be proportionate.

Orders

  • National courts must determine proportionality of penalties for failure to obtain special authorization.
  • Costs for governments and Commission not recoverable; costs for main parties to be decided by national court.