On 30 April 2025, the Court of Justice of the European Union confirmed that export by a person travelling to Russia of euro-denominated banknotes for the purposes of financing medical treatments is prohibited as such treatments do not meet needs occasioned by that person’s travel or stay in Russia.

Background

On 1 March 2022, the Council adopted Decision (CFSP) 2022/346 (“the Decision”) thereby amending Decision 2014/512/CFSP which concerns restrictive measures against Russia. The Decision introduced a ban on sale, supply, transfer or export of euro-denominated banknotes to Russia or to any natural or legal person, entity or body in Russia, including the government and the Central Bank of Russia, or for use in Russia. The prohibition does not apply if euro banknotes are necessary for:

1. the personal use of people travelling to Russia or members of their immediate families travelling with them;
2. the official purposes of diplomatic missions, consular posts or international organisations in Russia enjoying immunities in accordance with international law.

In April 2022, the prohibition on the export of euro-denominated banknotes was extended to all official currencies of the Member States.

Case Study

In May 2022, a German resident ZZ travelled to Frankfurt am Main airport, Germany with the intention of taking a flight to Istanbul, Turkey and, subsequently, a flight to Moscow, Russia to stay in Russia from 31 May to 21 June 2022. During the customs inspection carried out in German airport, it was found that ZZ was in possession of EUR 14,855 and 99,150 Russian roubles in banknotes which were not previously declared to customs. ZZ intended to use the money to cover her travel expenses and medical treatment in Russia, which included dental treatment, hormone therapy in a fertility clinic and follow-up treatment for breast surgery.

German customs seized the euro-denominated banknotes in the amount of EUR 13,800, leaving ZZ with EUR 1,055 to cover her travel expenses. ZZ subsequently decided not to travel to Russia.

The local court in Frankfurt am Main found ZZ guilty of attempted unlawful export of banknotes, indicating that it does not consider that the euro-dominated banknotes carried by ZZ fit within the exception prescribed by the Decision.

ZZ appealed this decision to the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main, Germany), which is the referring court, against the judgment at first instance. The latter stated that the interpretation of EU Decision falls within the exclusive jurisdiction of the Court of Justice in Luxembourg, ruled to stay the proceedings and enquired the Court of Justice of the European Union (“CJEU”) if the export of euro-denominated banknotes by a person travelling to Russia for a purpose of medical treatment there should be viewed as necessary for the personal use of that person.

CJEU Judgment

The CJEU in its judgment of 30 April 2025, indicated that the EU sanctions legislation “seeks to prevent, generally, the provision, either free of charge or in exchange for goods or services, of cash denominated in euro or in another currency of a Member State for the benefit of any natural or legal person residing or established in Russia”. Although the EU sanctions law, specifically EU Regulation 833/2014, does not define “personal use”, it should be used in its everyday meaning, i.e. use for the personal needs of a person concerned, as opposed to use for commercial, professional or investment purposes. The CJEU indicated that a literal interpretation of the above derogations from the prohibition of export of euro-denominated banknotes should not be interpreted widely, as “[i]t would be possible, if that were the case, to transfer to Russia, without restriction, sums of money denominated in such a currency in order to make personal purchases of any kind there and, moreover, it would be difficult to verify that such purchases are actually carried out.”

The CJEU further indicated that EU member states have not adopted restrictions on movement of persons to Russia and the current EU Russia restrictive measures allow to carry cash necessary to obtain essential goods and services in order to meet needs of natural persons and family members travelling with them, occasioned by their travel and stay in Russia.

The CJEU concluded that “the export by a person travelling to Russia of euro-denominated banknotes for the purposes of financing medical treatments, such as those at issue in the main proceedings, does not fall within the exception provided for in Article 5i(2)(a) of Regulation No 833/2014, since such treatments do not meet needs occasioned by that person’s travel or stay in Russia.”

Conclusions

The EU Commission in its Consolidated Guidance on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 indicated in April 2022 that “[t]he exception built in the provision, which allows the supply of banknotes denominated in any official currency of a Member State for personal use of natural persons travelling to Russia or members of their immediate families travelling with them, should be interpreted in narrow terms…the exception cannot be used to bring cash to acquaintances, friends or parents, because the exception is limited to those travelling. It should cover the necessities of natural persons and members of their family during their trip.” Member states interpretation of the ban discussed above varies. It has been reported by media recently that Estonia began to fine travellers for attempts to smuggle cash euros from the European Union to Russia. Some fines reach up to 800 euros.

Natural persons travelling to Russia should exercise caution to ensure compliance with existing laws and regulations on restrictive measures. We recommend seeking legal advice in case of uncertainty. Gherson lawyers have years of experience in advising on regulatory compliance, including sanctions compliance, and can provide legal advice on compliance with UK, EU and other sanctions.

Updated: 23 May 2025

If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025

View all news & Insights