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Case C-393/19: Judgment of the Court (First Chamber) of 14 January 2021 (request for a preliminary ruling from the Apelativen sad — Plovdiv — Bulgaria) — Criminal proceedings against OM (Reference for a preliminary ruling — Article 17 of the Charter of Fundamental Rights of the European Union — Right to property — Article 47 of the Charter of Fundamental Rights — Right to an effective remedy — Framework Decision 2005/212/JHA — Confiscation of crime-related proceeds, instrumentalities and property — Directive 2014/42/EU — Freezing and confiscation of instrumentalities and proceeds of crime in the European Union — National legislation providing for the confiscation, for the benefit of the State, of property used to commit the offence of smuggling — Property belonging to a third party acting in good faith)
ECLI:EU:UNKNOWN:62019CA0393
62019CA0393
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8.3.2021
Official Journal of the European Union
C 79/8
(Case C-393/19) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Article 17 of the Charter of Fundamental Rights of the European Union - Right to property - Article 47 of the Charter of Fundamental Rights - Right to an effective remedy - Framework Decision 2005/212/JHA - Confiscation of crime-related proceeds, instrumentalities and property - Directive 2014/42/EU - Freezing and confiscation of instrumentalities and proceeds of crime in the European Union - National legislation providing for the confiscation, for the benefit of the State, of property used to commit the offence of smuggling - Property belonging to a third party acting in good faith)
(2021/C 79/09)
Language of the case: Bulgarian
Referring court
Party in the main criminal proceedings
Interveners in the main criminal proceedings:
Okrazhna prokuratura — Haskovo, Apelativna prokuratura — Plovdiv
Operative part of the judgment
1.Article 2(1) of Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, read in the light of Article 17(1) of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a national law which permits the confiscation of an instrumentality used to commit an aggravated smuggling offence where that property belongs to a third party acting in good faith;
2.Article 4 of Framework Decision 2005/212/JHA, read in the light of Article 47 of the Charter of Fundamental Rights, must be interpreted as precluding a national law which permits the confiscation, in the context of criminal proceedings, of property belonging to a person other than the person who committed the criminal offence, without the former being afforded an effective remedy.
(<span class="oj-super">1</span>) OJ C 295, 2.9.2019.