This document is an excerpt from the EUR-Lex website
Document 62014CN0614
Case C-614/14: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 31 December 2014 — Criminal proceedings against Atanas Ognyanov
Case C-614/14: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 31 December 2014 — Criminal proceedings against Atanas Ognyanov
Case C-614/14: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 31 December 2014 — Criminal proceedings against Atanas Ognyanov
OJ C 96, 23.3.2015, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.3.2015 |
EN |
Official Journal of the European Union |
C 96/6 |
Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 31 December 2014 — Criminal proceedings against Atanas Ognyanov
(Case C-614/14)
(2015/C 096/08)
Language of the case: Bulgarian
Referring court
Sofiyski gradski sad
Parties to the main proceedings
Sentenced person: Atanas Ognyanov
Other party to the proceedings: Sofyiska gradska prokuratura
Questions referred
1. |
Does it constitute an infringement of EU law (second paragraph of Article 267 TFEU, in conjunction with Article 94 of the Rules of Procedure of the Court of Justice, Articles 47 and 48 of the Charter of Fundamental Rights of the European Union or other applicable provisions) if the court which submitted the request for a preliminary ruling allows the proceedings to continue before it after delivery of the preliminary ruling and delivers a decision on the merits of the case without disqualifying itself, a ground for such disqualification being that the court had expressed a preliminary view on the merits of the case in the request for a preliminary ruling (in that it considered certain facts to have been established and a certain legal provision to be applicable to those facts)? The question is referred on the assumption that all procedural provisions protecting the parties’ rights to adduce evidence and to make submissions were complied with in the determination of the facts and applicable law for the purposes of submitting the request for a preliminary ruling. |
2. |
If the answer to the first question is that it is lawful for the proceedings to be allowed to continue, does it constitute an infringement of EU law if:
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3. |
If the answer to the first question is that it is compatible with EU law for the proceedings to be allowed to continue, is it compatible with EU law if the court decides not to allow the main proceedings to continue before it and to disqualify itself from the case on the ground of bias, it being contrary to national law (which offers a higher level of protection in respect of the interests of the parties and of justice) for the proceedings to be allowed to continue, and where such disqualification is based on the fact that:
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