Reference for a preliminary ruling from Supreme Court of Gibraltar (United Kingdom) made on 13 May 2016 – Albert Buhagiar, Wayne Piri, Stephanie Piri, Arthur Taylor, Henry Bonifacio, Colin Tomlinson, Darren Sheriff v The Hon. Gilbert Licudi QC MP Minister for Justice

(Case C-267/16)

Language of the case: English

Referring court

Supreme Court of Gibraltar

Parties to the main proceedings

Applicants: Albert Buhagiar, Wayne Piri, Stephanie Piri, Arthur Taylor, Henry Bonifacio, Colin Tomlinson, Darren Sheriff

Defendant: The Hon. Gilbert Licudi QC MP Minister for Justice

Questions referred

If the EFP provisions in the Directive¹ concern only the free movement of goods, can they nonetheless apply to Gibraltar on the basis that they do not involve a trade or commercial transaction and are therefore outside the scope of the derogations granted to Gibraltar under the 1972 Act of Accession?

Are the provisions of the Directive concerning the EFP, as regards hunters and sports target shooters, applicable to Gibraltar on the ground that they concern the free movement of services?

Are the provisions of the Directive concerning the EFP, as regards hunters and sports target shooters, invalid on the ground that they concern the free movement of persons and have therefore been adopted under the wrong legal basis?



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¹ Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons

OJ L 256, p. 51