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Case C-505/20: Judgment of the Court (Eighth Chamber) of 12 May 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Proceedings brought by RR, JG (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Freezing and confiscation of instrumentalities and proceeds of crime in the European Union — Directive 2014/42/EU — Article 4 — Confiscation — Article 7 — Freezing — Article 8 — Procedural guarantees — Freezing and confiscation of property belonging to a person unconnected with the criminal proceedings — National legislation not providing for third party remedies during court proceedings and not allowing for the possible return of the property before the end of the criminal proceedings)
ECLI:EU:UNKNOWN:62020CA0505
62020CA0505
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Official Journal of the European Union
C 257/6
(Case C-505/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Freezing and confiscation of instrumentalities and proceeds of crime in the European Union - Directive 2014/42/EU - Article 4 - Confiscation - Article 7 - Freezing - Article 8 - Procedural guarantees - Freezing and confiscation of property belonging to a person unconnected with the criminal proceedings - National legislation not providing for third party remedies during court proceedings and not allowing for the possible return of the property before the end of the criminal proceedings)
(2022/C 257/08)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: RR, JG
Intervener: Spetsializirana prokuratura
Operative part of the judgment
1.Article 8(1) of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union must be interpreted as precluding national legislation under which, where property is frozen as the instrumentalities or alleged proceeds of an offence, the owner of that property, a third party acting in good faith, has no right, during the judicial phase of the criminal proceedings, to apply to the competent court for the return of that property.
2.Article 4(1) of Directive 2014/42 must be interpreted as not precluding national legislation which excludes the confiscation of property belonging to a third party acting in good faith and used as an instrumentality of an offence, even where that property has been made available by that third party for the permanent use of the accused person.
(1) OJ C 9, 11.1.2021.