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Case C-335/18: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 23 May 2018 — Criminal proceedings against AK
ECLI:EU:UNKNOWN:62018CN0335
62018CN0335
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Valentina R., lawyer
(Case C-335/18)
Language of the case: Bulgarian
Referring court
Party to the main proceedings
Questions referred
1.Is Article 4(2) of Regulation No 1889/2005 (1) of the European Parliament and of the Council to be interpreted as meaning that it permits national legislation which, in the case of a sum of money which, having been carried across the external border of the European Union, has not been duly declared and has been seized, provides for the automatic confiscation of that sum on the sole ground of the failure to declare it, even though confiscation is not necessary for the purposes of establishing the origin of that sum?
2.Is Article 9(1) of Regulation No 1889/2005 of the European Parliament and of the Council to be interpreted as meaning that it permits national legislation which, for the offence referred to in the first question, provides not only for the penalty of a term of imprisonment of up to five years or a fine in the amount of one fifth of the value of the object of the criminal offence but also for mandatory confiscation of the object of the criminal offence without consideration of the origin of the undeclared sum?
(1) Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ 2005 L 309, p. 9).
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Language of the case: Bulgarian