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Document 62011CN0027
Case C-27/11: Reference for a preliminary ruling from the Administrativen sad Sofia — grad (Bulgaria) lodged on 17 January 2011 — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost
Case C-27/11: Reference for a preliminary ruling from the Administrativen sad Sofia — grad (Bulgaria) lodged on 17 January 2011 — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost
Case C-27/11: Reference for a preliminary ruling from the Administrativen sad Sofia — grad (Bulgaria) lodged on 17 January 2011 — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost
SL C 145, 14.5.2011, p. 3–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.5.2011 |
EN |
Official Journal of the European Union |
C 145/3 |
Reference for a preliminary ruling from the Administrativen sad Sofia — grad (Bulgaria) lodged on 17 January 2011 — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost
(Case C-27/11)
2011/C 145/03
Language of the case: Bulgarian
Referring court
Administrativen sad Sofia — grad
Parties to the main proceedings
Applicant: Anton Vinkov
Defendant: Nachalnik Administrativno-nakazatelna deynost
Questions referred
1. |
Must applicable provisions of national law, such as those in the main proceedings, which relate to the legal consequences of a decision issued by an administrative authority concerning the imposition of a financial penalty due to an administrative offence consisting in a traffic accident, be interpreted to the effect that they are compatible with the provisions provided for in the Treaties and the European Union law measures adopted on the basis of those provisions in the area of freedom, security and justice and/or if appropriate in the area of transport? |
2. |
Does it follow from the provisions of the Treaties and European Union law measures adopted on the basis of those provisions in the area of freedom, security and justice in connection with judicial cooperation in criminal matters under Article 82(1)(a) of the Treaty on the Functioning of the European Union and in the area of transport under Article 91(1)(c) of that Treaty that administrative road traffic offences which can be characterised as ‘minor’ for the purposes of and in connection with Article 2 of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms are included in the scope of European Union law? |
3. |
If the second question is answered in the affirmative, the answers to the following questions are requested:
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4. |
If the second question is answered in the negative, the answers to the following questions are requested: Do Article 82 of the Treaty on the Functioning of the European Union, if appropriate Article 91(1)(c) of that Treaty, and the measures adopted on the basis of the provisions mentioned and the Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, allow the principle of mutual recognition of judgments and judicial decisions or the European Union law measures to improve road safety to not be applied to a decision on the imposition of a financial penalty arising from a road traffic offence according to the discretion of the Member State — the Member State having provided in a legislative act that the requirements of being able to challenge a decision before a court having jurisdiction in particular in criminal matters and the applicability of the procedural rules of national law on appeals in the event of being charged for committing a criminal offence are be disregarded — where at the same time the following applies to the decision in the circumstances of the main proceedings:
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