Interpretation of Civilian Vs. Military Equipment in European Case Law – EU and Hungary

The regulation of products suitable for both civilian and defence purposes may seem to be a marginal area; however, it affects both inner and outer safety. We present a peculiar case of this regulation: even though the EU legal framework exists for implementation in national laws, the Hungarian authorities follow a different practice, often conflicting with the spirit of the applicable EU laws. As a result, the export and import of specific dual-use products under Hungarian law is more complicated than that intended by EU law, which restricts the ability of companies in this area to conduct their business operations. The aim of the article is to present the legal framework behind the regulations, and to demonstrate the difficulties the inconsistent interpretation of these by the applicable national authorities can cause to market participants.