Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 8 May 2025 – Criminal proceedings against A, B, V, G, D

(Case C-321/25, Gidzhinov  (1) )

(C/2025/4141)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings

A, B, V, G, D

Questions referred

Do Article 325 of the Treaty on the Functioning of the European Union and Article 2(1) of the Convention on the protection of the European Communities’ financial interests preclude a national law which provides for criminal prosecution to become time-barred in respect of acts directed against the EU’s financial interests and for which the limitation period is determined solely by reference to the maximum potential penalty applicable to an offence and not by reference to the factual and legal complexity of the case, and which takes no account of the possibility of a coincidental occurrence making it necessary to restart the criminal proceedings anew, such that the application of national law may lead to impunity?

Does Article 3(1)(b) of Council Framework Decision 2008/841 (2) preclude a national law under which the offence referred to in Article 2(b) is punishable by a higher maximum term of imprisonment than the offence which the agreement referred to in Article 2(b) concerns?

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ 2008 L 300, p. 42).