Nilsson (Environment and consumers) [2003] EUECJ C-154/02 (23 October 2003)

Nilsson (Environment and consumers) [2003] EUECJ C-154/02 (23 October 2003)

Stuffed animals listed in Annex A to Regulation No 338/97 can be 'worked specimens' if significantly altered for specified purposes and meeting all definitional criteria; acquisition includes gifts, inheritance, or possession, and present ownership is not required; management authority must ascertain acquisition conditions even if no certificate is required.

Citation
[2003] EUECJ C-154/02
Parties
Defendant: Mr Nilsson; Prosecutor: Prosecutor (Sweden)
Jurisdiction
European Union
Judgment Date
23 October 2003
Procedural Posture
Preliminary Ruling (article 234 Ec) / Reference From National Criminal Proceedings
Outcome
Questions answered; interpretation provided for national court.
Legal Topics
Interpretation of Regulation (ec) No 338/97, Trade in Endangered Species, Definition of 'worked Specimens', Exemptions From Trade Prohibitions, Role of Management Authority
European Union Law Environmental Law Criminal Law Interpretation of Regulation (ec) No 338/97 Trade in Endangered Species Definition of 'worked Specimens' Exemptions From Trade Prohibitions Role of Management Authority

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Parties

Mr Nilsson

Defendant

Prosecutor (Sweden)

Prosecutor

Procedural Posture

Preliminary Ruling (article 234 Ec) / Reference From National Criminal Proceedings

Legal Issues

  1. 1 Whether stuffed animals listed in Annex A to Regulation No 338/97 fall within the definition of 'worked specimens'.
  2. 2 What constitutes 'acquire' under Article 8(3) of Regulation No 338/97.
  3. 3 Whether the person who acquired the specimen more than 50 years previously must be the present owner.

Ratio Decidendi

Stuffed animals listed in Annex A to Regulation No 338/97 can be 'worked specimens' if significantly altered for specified purposes and meeting all definitional criteria; acquisition includes gifts, inheritance, or possession, and present ownership is not required; management authority must ascertain acquisition conditions even if no certificate is required.

Court Disposition

Questions answered; interpretation provided for national court.

Orders

  • Articles 2(w) and 8(3)(b) of Regulation No 338/97 interpreted to include stuffed animals as 'worked specimens' if criteria met.
  • Acquisition includes gifts, inheritance, or possession; present ownership not required.