Hammarsten (Free movement of goods) [2003] EUECJ C-462/01 (16 January 2003)

Hammarsten (Free movement of goods) [2003] EUECJ C-462/01 (16 January 2003)

Regulations Nos 1308/70 and 619/71 preclude national legislation that prohibits the cultivation and possession of industrial hemp covered by those regulations, as the Community rules already address public health concerns by limiting aid to hemp varieties with low THC content.

Citation
[2003] EUECJ C-462/01
Parties
Defendant: Mr Hammarsten; Prosecutor: Public Prosecutor's Office
Jurisdiction
European Union
Judgment Date
16 January 2003
Procedural Posture
Preliminary Ruling (ecj) / Reference From National Court (halmstads Tingsrätt)
Outcome
National legislation prohibiting cultivation and possession of industrial hemp covered by EC regulations is precluded by Community law.
Legal Topics
Common Agricultural Policy, Narcotic Drugs Regulation, Free Movement of Goods, Interpretation of EC Regulations
European Union Law Agricultural Law Criminal Law Common Agricultural Policy Narcotic Drugs Regulation Free Movement of Goods Interpretation of EC Regulations

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Parties

Mr Hammarsten

Defendant

Public Prosecutor's Office

Prosecutor

Procedural Posture

Preliminary Ruling (ecj) / Reference From National Court (halmstads Tingsrätt)

Legal Issues

  1. 1 Whether Community law precludes national legislation prohibiting cultivation and possession of industrial hemp covered by EC regulations
  2. 2 Whether such national prohibition can be justified under Article 30 EC or other grounds

Ratio Decidendi

Regulations Nos 1308/70 and 619/71 preclude national legislation that prohibits the cultivation and possession of industrial hemp covered by those regulations, as the Community rules already address public health concerns by limiting aid to hemp varieties with low THC content.

Court Disposition

National legislation prohibiting cultivation and possession of industrial hemp covered by EC regulations is precluded by Community law.

Orders

  • Regulations Nos 1308/70 and 619/71 must be interpreted as precluding national legislation which has the effect of prohibiting the cultivation and possession of industrial hemp covered by those regulations.