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Case C-336/18: Request for a preliminary ruling from the Аpelativen sad Sofia (Bulgaria) lodged on 23 May 2018 — Criminal proceedings against EP
ECLI:EU:UNKNOWN:62018CN0336
62018CN0336
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Valentina R., lawyer
(Case C-336/18)
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, according to which an undeclared sum of money may be detained in accordance with national law, to be interpreted as meaning that it permits the automatic confiscation of that sum as a consequence of non-declaration, without any review as to the origin of the sum in question, or is it to be interpreted as meaning that it permits only the temporary seizure of that sum until such time as its origin is reviewed by the competent national authority? Is Article 251(2) of the Nakazatelen kodeks (Criminal Code) (NK) consistent with the possibility provided for in Article 4(2) of that regulation?
2.Depending on the answer to the first question, is Article 9(1) of Regulation No 1889/2005 of the European Parliament and of the Council to be interpreted as meaning that it does not permit national legislation which, for failure to comply with the obligation to declare laid down in Article 3 of that regulation, provides for the cumulative imposition of the penalties of a term of imprisonment or a fine and confiscation of the undeclared sum without any review as to the origin of that sum? Is the simultaneous application of Article 251(1) of the NK and Article 251(2) of the NK — that is to say, imposition of the penalty provided for in Article 251(1) of the NK and confiscation, on conviction, of the contested sum that is the object of the criminal offence under Article 251(1) of the NK, in accordance with the obligation under article 251(2) of the NK — in conformity with Article 9(1) of Regulation No 1889/2005, which, for failure to comply with the obligation to declare laid down in Article 3 of that regulation, calls for penalties which are effective, dissuasive and proportionate to the offence and to the risk to society which the latter poses?
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).