Criminal proceedings against Peter Leifer, Reinhold Otto Krauskopf and Otto Holzer. (Common commercial policy) [1995] EUECJ C-83/94 (17 October 1995)

Criminal proceedings against Peter Leifer, Reinhold Otto Krauskopf and Otto Holzer. (Common commercial policy) [1995] EUECJ C-83/94 (17 October 1995)

Export restrictions on dual-use goods fall within the exclusive competence of the Community under Article 113 EC Treaty. Member States may only impose such restrictions if specifically authorized or justified under Article 11 of Regulation 2603/69, which allows exceptions for public security, including serious disturbances to foreign relations or peaceful coexistence of nations. National measures must comply with the principle of proportionality. Criminal penalties for breach of licensing procedures are permitted if proportionate. Article 1 of Regulation 2603/69 has direct effect and confers rights on individuals.

Citation
[1995] EUECJ C-83/94
Parties
Defendant: Peter Leifer; Defendant: Reinhold Otto Krauskopf; Defendant: Otto Holzer; Prosecutor: Public Prosecutor, Darmstadt
Jurisdiction
European Union
Judgment Date
17 October 1995
Procedural Posture
Preliminary Ruling (article 177 EC Treaty) in Criminal Proceedings / Reference for Preliminary Ruling From Landgericht Darmstadt
Outcome
Preliminary ruling issued; national court to apply interpretation.
Legal Topics
Export Controls, Dual Use Goods, Common Commercial Policy, Public Security, Proportionality, Direct Effect of Regulations
European Union Law Criminal Law International Trade Law Export Controls Dual Use Goods Common Commercial Policy Public Security Proportionality +1 more

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Parties

Peter Leifer

Defendant

Reinhold Otto Krauskopf

Defendant

Otto Holzer

Defendant

Public Prosecutor, Darmstadt

Prosecutor

Procedural Posture

Preliminary Ruling (article 177 EC Treaty) in Criminal Proceedings / Reference for Preliminary Ruling From Landgericht Darmstadt

Legal Issues

  1. 1 Whether Article 113 EC Treaty covers national rules restricting export of dual-use goods to non-member countries and whether the Community has exclusive competence
  2. 2 Whether Member States may adopt national export restrictions under Articles 223(1)(b), 224 EC Treaty or Article 11 of Regulation 2603/69
  3. 3 Whether Member States may impose burdens of proof or refuse licences for dual-use goods based on potential military use

Ratio Decidendi

Export restrictions on dual-use goods fall within the exclusive competence of the Community under Article 113 EC Treaty. Member States may only impose such restrictions if specifically authorized or justified under Article 11 of Regulation 2603/69, which allows exceptions for public security, including serious disturbances to foreign relations or peaceful coexistence of nations. National measures must comply with the principle of proportionality. Criminal penalties for breach of licensing procedures are permitted if proportionate. Article 1 of Regulation 2603/69 has direct effect and confers rights on individuals.

Court Disposition

Preliminary ruling issued; national court to apply interpretation.

Orders

  • Article 113 EC Treaty covers export restrictions on dual-use goods and Community has exclusive competence, except where authorization is granted to Member States.
  • Member States may adopt national measures restricting export of dual-use goods only exceptionally under Article 11 of Regulation 2603/69 for public security reasons.