Source: All England Reporter
Publisher Citation: [2002] All ER (D) 385 (Jul)
Neutral Citation: [2002] EWCA Civ 1036
Court: Court of Appeal, Civil Division

Mummery, Laws and Dyson LJJ

Representation Jon Turner and Rebecca Haynes (instructed by Greenpeace) for the claimant.
  Clive Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
  Philippa Whipple (instructed by the Solicitor for Customs and Excise) for HM Customs and Excise.
Judgment Dates: 25 July 2002


Customs and Excise - Importation of prohibited goods - Importation of endangered species - Importation of mahogany from Brazil - Whether importing authorities obliged to accept export permit which was valid on its face - Council Regulation (EC) 338/97, art 4.3.

The Case

Where an export permit to which Council Regulation (EC) 338-97 applied, being valid on its face, was presented to the competent authorities of a member state to support the importation into that state of flora or fauna covered by the regulation, the authorities were obliged to accept the permit, and allow the import, even though they knew that the management authority which had issued the permit in the exporting state was not 'satisfied that the specimen was not obtained in contravention of the laws of that state for the protection of fauna and flora' within artV(2)(a) of Convention on Trade in Endangered Species of Wild Fauna and Flora.

Practice Areas

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