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Case C-520/20: Judgment of the Court (First Chamber) of 16 June 2022 (request for a preliminary ruling from the Administrativen sad — Silistra, Bulgaria) — DB, LY v Nachalnik na Rayonno upravlenie Silistra pri Oblastna direktsia na Ministerstvo na vatreshnite raboti — Silistra (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Second generation Schengen Information System (SIS II) — Decision 2007/533/JHA — Articles 38 and 39 — Alert on an object sought — Objectives of the alert — Seizure or use as evidence in criminal proceedings — Execution — Measures to be taken and action based on an alert — Surrender of the object seized to the Member State issuing the alert — National legislation not permitting a refusal to execute the alert)
ECLI:EU:UNKNOWN:62020CA0520
62020CA0520
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Official Journal of the European Union
C 294/7
(Case C-520/20) (*)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Second generation Schengen Information System (SIS II) - Decision 2007/533/JHA - Articles 38 and 39 - Alert on an object sought - Objectives of the alert - Seizure or use as evidence in criminal proceedings - Execution - Measures to be taken and action based on an alert - Surrender of the object seized to the Member State issuing the alert)
(2022/C 294/08)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: DB, LY
Defendant: Nachalnik na Rayonno upravlenie Silistra pri Oblastna direktsia na Ministerstvo na vatreshnite raboti — Silistra
Operative part of the judgment
Article 39 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) must be interpreted as not precluding national legislation pursuant to which the competent authorities of the executing Member State are required to execute an alert on an object entered in the second generation Schengen Information System, even though those authorities have doubts regarding the reasons, set out in Article 38(1) of that decision, for the entry of that alert.
(*)
Language of the case: Bulgarian
* * *
(1) OJ C 433, 14.12.2020.
ECLI:EU:C:2022:140