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EU court to consider Gibraltar firearms question

The European Court of Justice has been asked to decide whether local shooting enthusiasts can travel around Europe with their firearms under an EU permit.

The case is brought by members of the Gibraltar Target Shooting Association and raises the issue of the application to Gibraltar of an EU Directive on firearms.

Among other things, the Directive establishes a European Firearms Pass which entitles target shooters and hunters to travel to EU Member States with their firearms.

But in the past, the European Commission has expressed the view that the Directive does not apply to Gibraltar.

Last week, following an initial Supreme Court hearing, Chief Justice Anthony Dudley decided to make a preliminary reference to the European Court of Justice in Luxembourg.

This is the first time that a court in Gibraltar makes a preliminary reference to the European Court.

“The case raises complex questions of EU law, and its applicability to Gibraltar, and this has led to the Chief Justice’s decision to refer questions on the interpretation and validity of EU law to Luxembourg,” the Gibraltar Government said in a statement.

The Attorney General, Michael Llamas, QC, and Yvette Sanguinetti of the Government Law Offices appear for the Gibraltar Government.

The members of the Shooting Association are represented by Lewis Baglietto, QC, and Charles Bonfante.

 

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