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Official Journal |
EN C series |
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C/2026/1318 |
16.3.2026 |
Judgment of the Court (Second Chamber) of 22 January 2026 (request for a preliminary ruling from the Sofiyski gradski sad – Bulgaria) – Criminal proceedings against BC
(Case C-453/24, (1) Hadenov (2) )
(Reference for a preliminary ruling - Area of freedom, security and justice - Framework Decision 2005/214/JHA - Mutual recognition of financial penalties - Article 7(2)(g) - Ground for non-recognition and non-execution - Informing the person concerned of his or her right to contest the case and of the time limits of such a legal remedy - Article 7(3) - Obligation to consult the competent authority of the issuing Member State)
(C/2026/1318)
Language of the case: Bulgarian
Referring court
Sofiyski gradski sad
Party in the main proceedings
BC
Other party: Sofiyska gradska prokuratura
Operative part of the judgment
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1. |
Article 6 and Article 7(2)(g) and (3) of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that, in the context of the obligation to consult prior to a decision not to recognise and not to execute a decision imposing a financial penalty, the competent authority of the executing State is required, in the event of doubt as to whether the information was effectively given to the person concerned regarding his or her right to contest the decision imposing on him or her that penalty and on the time limit for doing so, to verify with the competent authority of the issuing State whether it is still possible to contest that decision. |
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2. |
Article 6 and Article 7(2)(g) and (3) of Framework Decision 2005/214, as amended by Framework Decision 2009/299, must be interpreted as meaning that where it is apparent from the consultation of the competent authority of the issuing State that the person concerned was not informed of his or her right to contest the decision imposing on him or her a financial penalty or of the time limit for doing so and it is still possible to contest that decision, the competent authority of the executing State cannot itself transmit that information to the person concerned or suspend the procedure for recognition and execution brought before it, pending the outcome of any challenge or the expiry of the time limit prescribed for doing so. That authority is, however, required to terminate that procedure. |
(1) OJ C, C/2024/5310.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2026/1318/oj
ISSN 1977-091X (electronic edition)