Catalonia Court Upholds €44K Fine for Andorra Cigar Smuggler

Catalonia's Superior Court of Justice (TSJC) has upheld a €43,925.18 fine against a man caught smuggling 592 cigars from Andorra without declaring them at customs.

Civil Guard officers discovered the undeclared cigars, along with other tobacco products and cases of alcoholic drinks lacking tax seals, during a checkpoint on the N-260 road near a roundabout leading to La Seu d'Urgell on 26 March 2022. Authorities valued the seized items at €9,761.15 and classified the incident as a very serious smuggling offence, imposing a penalty equivalent to 450% of that amount.

The man contested the sanction, challenging the offence's classification, the goods' valuation and the evidence of his culpability. The TSJC dismissed his appeal, confirming the serious nature of the violation. It maintained the valuation based on maximum public sale prices from Spain's Tobacco Market Commission and deemed the case file's product details sufficient.

On intent, the court noted that the quantity far exceeded the 75-cigar traveller allowance, indicating commercial intent. Border signage on declaration requirements further supported his awareness of the rules. The ruling requires the man to pay court costs and remains appealable to the Supreme Court. Catalonia's Regional Economic-Administrative Tribunal had earlier rejected his claim against the fine.

In a separate recent ruling, the TSJC reduced a €12,900 fine to €10,320 for a woman who brought an undeclared luxury watch—valued at the original amount—through Farga de Moles customs post on 30 December 2021. Officers spotted a Rolex box with a €55 receipt in her backpack, then saw her place the item in her pocket during checks. The court upheld the smuggling finding but lowered the penalty due to the product's legal trade status.

Three months earlier, the TSJC confirmed a €7,445 fine for a man carrying 78 undeclared bottles of alcohol at the same post on 8 September 2022. He claimed he used the green "nothing to declare" lane because the red one was closed for works and said the bottles were visible. The court cited his denial when questioned about declarable goods, ruling that failing to present items to customs does not require physical concealment.