Here’s a breakdown of the judgment to help you understand its implications:
**1. Essence of the Act:**
This judgment clarifies the scope of an exception to the EU’s ban on exporting euro-denominated banknotes to Russia. The Court of Justice of the European Union (CJEU) ruled that exporting euros to pay for medical treatment in Russia does *not* fall under the exemption for “personal use” as defined in Article 5i(2)(a) of Council Regulation (EU) No 833/2014. This means individuals cannot circumvent the export ban by claiming the money is for medical procedures.
**2. Structure and Main Provisions:**
* **Regulation No 833/2014:** This regulation introduced restrictive measures in response to Russia’s actions destabilizing Ukraine. It includes a prohibition on exporting euro-denominated banknotes to Russia (Article 5i(1)).
* **Article 5i(2)(a):** This article provides an exception to the export ban, allowing the export of euro banknotes if it’s “necessary for the personal use of natural persons travelling to Russia or members of their immediate families travelling with them.”
* **The Case:** The case involves a German resident, ZZ, who was caught at the airport with a large sum of euros and Russian rubles, intending to use the euros for medical treatments in Russia. German courts questioned whether this fell under the “personal use” exception.
* **The CJEU’s Ruling:** The CJEU determined that “personal use” is limited to expenses related to travel and stay in Russia, not to cover medical treatments.
**3. Main Provisions Important for Use:**
* **Definition of “Personal Use”:** The judgment provides a clear interpretation of “personal use” in the context of the euro export ban. It’s restricted to covering the costs of travel and stay, such as accommodation, food, and local transport.
* **Scope of the Restriction:** The ruling reinforces the broad scope of the export ban, clarifying that it aims to prevent the Russian economy from accessing euro-denominated cash, even if intended for non-commercial purposes.
* **Burden of Proof:** Individuals attempting to export euros to Russia under the “personal use” exception must demonstrate that the funds are strictly for travel-related expenses.
* **** This judgement has implications for individuals who are subject to the EU’s sanctions regime concerning Russia, including Ukrainian citizens residing in the EU. It clarifies the limitations on exporting euro-denominated banknotes to Russia, even for purposes that might be considered personal but are not directly related to travel and stay.
