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Case C-752/21, Otdel ‘Mitnichesko razsledvane i razuznavane’: Judgment of the Court (Eighth Chamber) of 9 March 2023 (request for a preliminary ruling from the Administrativen sad — Haskovo — Bulgaria) — JP EOOD v Otdel ‘Mitnichesko razsledvane i razuznavane’ /MRR/ v TD ‘Mitnitsa Burgas’ (Reference for a preliminary ruling — Regulation (EU) No 952/2013 — Union Customs Code — Legal remedies — Judicial cooperation in criminal matters — Framework Decision 2005/212/JHA — Smuggled goods — Goods belonging to a third party seized in the course of administrative-offence proceedings — National legislation excluding that third party from the category of persons entitled to bring an action against the administrative penalty notice ordering the seizure)
ECLI:EU:UNKNOWN:62021CA0752
62021CA0752
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8.5.2023
Official Journal of the European Union
C 164/12
(Case C-752/21, (<span class="oj-super oj-note-tag">1</span>) Otdel ‘Mitnichesko razsledvane i razuznavane’ )
(Reference for a preliminary ruling - Regulation (EU) No 952/2013 - Union Customs Code - Legal remedies - Judicial cooperation in criminal matters - Framework Decision 2005/212/JHA - Smuggled goods - Goods belonging to a third party seized in the course of administrative-offence proceedings - National legislation excluding that third party from the category of persons entitled to bring an action against the administrative penalty notice ordering the seizure)
(2023/C 164/16)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: JP EOOD
Defendant: Otdel ‘Mitnichesko razsledvane i razuznavane’ /MRR/ v TD ‘Mitnitsa Burgas’
intervener: Okrazhna prokuratura — Haskovo
Operative part of the judgment
1.Article 44 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code
must be interpreted as precluding national legislation which does not provide for a right of appeal against an administrative penalty notice for a person whose property has been seized on the basis of such a decision but who is not regarded, in that decision, as the person committing the administrative offence connected with the penalty imposed.
2.Article 4 of Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property
must be interpreted as not applying to a decision concerning an act which does not constitute a criminal offence.
Language of the case: Bulgarian