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CJEU Case C-634/18 / Judgment

Criminal proceedings against JI

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Type:
Decision
Decision date:
11/06/2020

Key facts of the case:

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2004/757/JHA — Minimum provisions on the constituent elements of criminal acts and penalties involving illicit drug trafficking — Article 2(1)(c) — Article 4(2)(a) — Concept of ‘large quantities of drugs’ — Charter of Fundamental Rights of the European Union — Equal treatment — Articles 20 and 21 — Principle of legality of criminal offences and penalties — Article 49.

Outcome of the case:

On those grounds, the Court (First Chamber) hereby rules:

Article 4(2)(a) of Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, read in conjunction with Article 2(1)(c) thereof, and Articles 20, 21 and 49 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a Member State from classifying as a criminal offence the possession of a significant quantity of narcotic drugs or psychotropic substances both for personal consumption and for the purposes of illicit drug trafficking, while leaving the interpretation of the concept of ‘significant quantity of narcotic drugs or psychotropic substances’ to the discretion of the national courts, on a case-by-case basis, provided that that interpretation is reasonably foreseeable.