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Document 62021CN0150

Case C-150/21: Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi (Poland) lodged on 5 March 2021 — Criminal proceedings against D.B.

OJ C 329, 16.8.2021, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

16.8.2021   

EN

Official Journal of the European Union

C 329/5


Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi (Poland) lodged on 5 March 2021 — Criminal proceedings against D.B.

(Case C-150/21)

(2021/C 329/07)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi

Party to the main proceedings

D.B.

Questions referred

1.

Does a decision requiring payment of a financial penalty issued by the Netherlands central administrative authority determined pursuant to Article 2 of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, (1) against which an appeal may be lodged with the public prosecutor’s office, which is subject in organisational terms to the Ministry of Justice, satisfy the criterion of ‘decision against which an appeal may be lodged with a court having jurisdiction in criminal matters’ for the purposes of Article 1(a)(ii) of the Framework Decision?

2.

Can the criterion that a decision requiring payment of a financial penalty be amenable to judicial remedy before ‘a court having jurisdiction in criminal matters’ be deemed to have been satisfied where it is possible to lodge an appeal with a district court only at a later stage of proceedings, that is to say after it has been dismissed by the public prosecutor, and, in some cases, entails a need to pay a charge equal to the penalty imposed?


(1)  Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ 2005 L 76, p. 16–30).


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