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Case C-655/24, Latranov: Request for a preliminary ruling from the Rayonen sad – Veliki Preslav (Bulgaria) lodged on 9 October 2024 – Criminal proceedings against EZ
ECLI:EU:UNKNOWN:62024CN0655
62024CN0655
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Official Journal of the European Union
C series
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C/2025/146
13.1.2025
(Case C-655/24, Latranov)
(C/2025/146)
Language of the case: Bulgarian
Referring court
Convicted person
Questions referred
1.Do Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation, the Charter of Fundamental Rights of the European Union, or Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, apply to traffic offences committed after the consumption of alcohol and/or narcotics?
2.If the answer to the first question is in the affirmative, does the motor vehicle constitute an instrumentality used to commit the offence, as defined by Article 3(3) of Directive (EU) 2024/1260?
3.If the answer to the second question is in the affirmative, does the principle of proportionality, in accordance with Articles 49 and 52 of the Charter of Fundamental Rights of the European Union, apply to the confiscation of the motor vehicle?
4.Must Article 47 of the Charter of Fundamental Rights of the European Union be interpreted as precluding national legislation such as Article 306(1)(1) of the Code of Criminal Procedure of the Republic of Bulgaria, which allows a motor vehicle that has been used to commit an offence to be confiscated in favour of the State or its monetary equivalent to be allocated [to the State], where the motor vehicle is in part owned by a person other than the one who committed the offence, without that third party being able to take part in those proceedings in his or her own right and having direct access to the courts?
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
OJ L 2024/1260.
OJ 2005 L 68, p. 49.
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ELI: http://data.europa.eu/eli/C/2025/146/oj
ISSN 1977-091X (electronic edition)
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