Official Journal of the European Union

C series

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C/2025/4435

18.8.2025

(Case C-326/25, 03 Rayonno upravlenie na SDVR)

(C/2025/4435)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant and appellant: CY

Defendant and respondent: VPD Nachalnik na 03 Rayonno upravlenie na Stolichna direktsia na vatreshnite raboti

Questions referred

Are Articles 39 and 38(1) of Council Decision 2007/533/JHA (<span class="oj-super oj-note-tag">1</span>) of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (consolidated version), in conjunction with recital 34 of that decision, to be interpreted as meaning that they do not preclude national legislation which does not provide for the participation of a person registered under national law as the owner of an object within the meaning of Article 38(1) of that decision in the administrative and judicial proceedings concerning the application of measures (by which he or she is affected) to return the object on the basis of an alert under Article 39(1) of that decision, regard being had to the protection of fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘the Charter’) and also in recital 34 of that decision?

Does the purpose of SIS II as referred to in Article 1 of Decision 2007/533/JHA preclude the application of the effective judicial protection enshrined in Article 47 of the Charter in the case where the measures adopted in accordance with national law by the authorities of the Member State in which the object was discovered have the consequence of adversely affecting the rights and legitimate interests of the person in whose possession the object was found?

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(1)

OJ 2007 L 205, p. 63.

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ELI: http://data.europa.eu/eli/C/2025/4435/oj

ISSN 1977-091X (electronic edition)

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