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Case C-351/22: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 31 May 2022 — Neves 77 Solutions SRL v Agenția Națională de Administrare Fiscală — Direcția Generală Antifraudă Fiscală
ECLI:EU:UNKNOWN:62022CN0351
62022CN0351
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Valentina R., lawyer
26.9.2022
Official Journal of the European Union
C 368/14
(Case C-351/22)
(2022/C 368/20)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Neves 77 Solutions SRL
Defendant: Agenția Națională de Administrare Fiscală — Direcția Generală Antifraudă Fiscală
Questions referred
1.Can Decision 2014/512/CFSP, (1) in particular Articles 5 and 7 thereof, in the light of the principles of legal certainty and nulla poena sine lege, be interpreted as permitting (by way of a civil penalty) a national measure authorising the confiscation of the entire proceeds of a transaction, such as the one referred to in Article 2(2)(a) of Decision 2014/512/CFSP, in the event that an act categorised by domestic law as a summary offence is found to have been committed?
2.Is Article 5 of Decision 2014/512/CFSP to be interpreted as allowing Member States to adopt national measures providing for the automatic confiscation of any proceeds resulting from a breach of the obligation to notify a transaction falling within the scope of Article 2(2)(a) of Decision 2014/512/CFSP?
3.Is the prohibition laid down in Article 2(2)(a) of Decision 2014/512/CFSP applicable where goods constituting military equipment, which were the subject of brokering transactions, were never physically imported into the territory of the Member State?
Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 13).