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Case C-338/20: Judgment of the Court (First Chamber) of 6 October 2021 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi — Poland) — Proceedings relating to the recognition and execution of a financial penalty imposed on D.P. (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in criminal matters — Mutual recognition — Financial penalties — Framework Decision 2005/214/JHA — Grounds for non-recognition and non-execution — Article 20(3) — Decision imposing a financial penalty — Observance of the rights of the defence — Notification of documents in a language not understood by the sentenced person — Translation of the essential elements of the decision)
ECLI:EU:UNKNOWN:62020CA0338
62020CA0338
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Official Journal of the European Union
C 490/11
(Case C-338/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Mutual recognition - Financial penalties - Framework Decision 2005/214/JHA - Grounds for non-recognition and non-execution - Article 20(3) - Decision imposing a financial penalty - Observance of the rights of the defence - Notification of documents in a language not understood by the sentenced person - Translation of the essential elements of the decision)
(2021/C 490/10)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: D.P.
Defendant: Prokuratura Rejonowa Łódź-Bałuty
Operative part of the judgment
Article 20(3) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as allowing the authority of the executing Member State to refuse to execute a decision, within the meaning of Article 1(a) of the framework decision, imposing a financial penalty for a road traffic offence, where that decision has been notified to the addressee thereof without a translation, into a language which he or she understands, of the elements of the decision which are essential in order to enable him or her to understand the charge against him or her and fully to exercise his or her rights of the defence, and without that addressee being afforded the opportunity to obtain such a translation on request.
(<span class="oj-super">1</span>) OJ C 19, 18.1.2021.
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Language of the case: Polish.