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Case C-450/24, Cudu: Order of the Court (Ninth Chamber) of 10 February 2025 (request for a preliminary ruling from the Rayonen sad Haskovo – Bulgaria) – Criminal proceedings against MB (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – National legislation providing for the confiscation, for the benefit of the Member State concerned, of property used to commit the offence of unlawful unloading of goods in transit – Property belonging to a third party)
ECLI:EU:UNKNOWN:62024CB0450
62024CB0450
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Official Journal of the European Union
C series
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C/2025/1870
(Case C-450/24,
(1)
Cudu)
(2)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Article 17 of the Charter of Fundamental Rights of the European Union - Right to property - Framework Decision 2005/212/JHA - Confiscation of crime-related proceeds, instrumentalities and property - National legislation providing for the confiscation, for the benefit of the Member State concerned, of property used to commit the offence of unlawful unloading of goods in transit - Property belonging to a third party)
(C/2025/1870)
Language of the case: Bulgarian
Referring court
Operative part of the order
Article 2(1) of the Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, read in conjunction with Article 17(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding national legislation that permits the confiscation of instrumentalities used to commit the offence of unlawful unloading of goods in transit when those instrumentalities belong to a third party in good faith.
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(1) Date of filing: 26.6.2024
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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ELI: http://data.europa.eu/eli/C/2025/1870/oj
ISSN 1977-091X (electronic edition)
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