{ "attribution": { "source": "legal.exploreworldai.com", "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-655-24", "cite_as": "NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-655-24)", "license": "https://legal.exploreworldai.com/revision", "version": "legal-2026-10-06", "fingerprint": "ewai:se:cbc925", "proof": "sha256:44f0d81a436bd0fdeccd907f254107cdb736f6b87844a19fcf5b2c4572e8c5a1", "jurisdiction": "se", "lang": "en", "publisher": "NovaCopilot by ExploreWorld Legal", "terms": "https://legal.exploreworldai.com/om" }, "brand_source": "Source: NovaCopilot", "brand": { "product": "NovaCopilot", "platform": "ExploreWorldAI", "infrastructure": "ExploreWorld Legal", "infrastructure_url": "legal.exploreworldai.com", "legal_entity": "Valkiv Ventures AB", "permanent_url": "https://legal.exploreworldai.com/novacopilot", "source": "Source: NovaCopilot", "powered_by": "Powered by NovaCopilot", "license": "https://legal.exploreworldai.com/licensvillkor", "contact": "stig@valkiv.com" }, "item": { "schema_version": "1.0.0", "id": "eu:c-655-24", "jurisdiction": "eu", "lang": "en", "brand_source": "Source: NovaCopilot", "brand": { "product": "NovaCopilot", "platform": "ExploreWorldAI", "infrastructure": "ExploreWorld Legal", "infrastructure_url": "legal.exploreworldai.com", "legal_entity": "Valkiv Ventures AB", "permanent_url": "https://legal.exploreworldai.com/novacopilot", "source": "Source: NovaCopilot", "powered_by": "Powered by NovaCopilot", "license": "https://legal.exploreworldai.com/licensvillkor", "contact": "stig@valkiv.com" }, "sections": [ { "title": "Provisional text", "paragraphs": [] }, { "title": "JUDGMENT OF THE COURT (Fourth Chamber)", "paragraphs": [] }, { "title": "10 September 2026 ( * )", "paragraphs": [ "para_4" ] }, { "title": "In Case C‑655/24 [Latranov], ( i )", "paragraphs": [ "para_6", "para_7", "para_8", "para_9", "para_10", "para_11", "para_12", "para_13", "para_14", "para_15", "para_16", "para_17", "para_18" ] }, { "title": "Judgment", "paragraphs": [ "para_20", "para_21" ] }, { "title": "Legal context", "paragraphs": [] }, { "title": "European Union law", "paragraphs": [] }, { "title": "The Charter", "paragraphs": [ "para_25", "para_26" ] }, { "title": "Framework Decision 2005/212", "paragraphs": [] }, { "title": "4         Recitals 1, 2 and 4 to 10 of Framework Decision 2005/212 state:", "paragraphs": [ "para_29", "para_30", "para_31", "para_32", "para_33", "para_34", "para_35", "para_36", "para_37", "para_38", "para_39", "para_40" ] }, { "title": "Directive 2014/42", "paragraphs": [] }, { "title": "6         Recital 9 of Directive 2014/42 states:", "paragraphs": [ "para_43" ] }, { "title": "7         Article 3 of the directive, entitled ‘Scope’, provides:", "paragraphs": [ "para_45", "para_46", "para_47", "para_48" ] }, { "title": "(d)      [Framework Decision 2001/500];", "paragraphs": [ "para_50", "para_51", "para_52", "para_53", "para_54", "para_55", "para_56", "para_57", "para_58", "para_59" ] }, { "title": "Directive 2024/1260", "paragraphs": [ "para_61", "para_62", "para_63", "para_64", "para_65", "para_66" ] }, { "title": "11       Article 37 of that directive, entitled ‘Entry into force’, states:", "paragraphs": [ "para_68" ] }, { "title": "Bulgarian law", "paragraphs": [ "para_70", "para_71", "para_72", "para_73", "para_74", "para_75", "para_76" ] }, { "title": "The main proceedings and the questions referred", "paragraphs": [ "para_78", "para_79", "para_80", "para_81", "para_82", "para_83", "para_84", "para_85", "para_86", "para_87", "para_88" ] }, { "title": "Consideration of the questions referred", "paragraphs": [] }, { "title": "The first question", "paragraphs": [ "para_91", "para_92", "para_93", "para_94", "para_95", "para_96", "para_97", "para_98", "para_99", "para_100", "para_101", "para_102", "para_103", "para_104", "para_105", "para_106", "para_107", "para_108", "para_109", "para_110", "para_111", "para_112" ] }, { "title": "The second to fourth questions", "paragraphs": [ "para_114" ] }, { "title": "Costs", "paragraphs": [ "para_116" ] }, { "title": "On those grounds, the Court (Fourth Chamber) hereby rules:", "paragraphs": [ "para_118", "para_119", "para_120", "para_121" ] } ], "paragraphs": [ { "text": "Provisional text", "paragraph_id": "para_1" }, { "text": "JUDGMENT OF THE COURT (Fourth Chamber)", "paragraph_id": "para_2" }, { "text": "10 September 2026 ( * )", "paragraph_id": "para_3" }, { "text": "( Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Article 2 – Substantive scope – Traffic offence punishable by a custodial sentence of more than one year – Driving a motor vehicle under the influence of alcohol – Directive 2014/42/EU – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Directive (EU) 2024/1260 – Asset recovery and confiscation – Article 33 – Transposition period – Applicability ratione temporis )", "paragraph_id": "para_4" }, { "text": "In Case C‑655/24 [Latranov], ( i )", "paragraph_id": "para_5" }, { "text": "REQUEST for a preliminary ruling under Article 267 TFEU from the Rayonen sad Veliki Preslav (District Court, Veliki Preslav, Bulgaria), made by decision of 9 October 2024, received at the Court on 9 October 2024, in the criminal proceedings against", "paragraph_id": "para_6" }, { "text": "EZ,", "paragraph_id": "para_7" }, { "text": "THE COURT (Fourth Chamber),", "paragraph_id": "para_8" }, { "text": "composed of I. Jarukaitis, President of the Chamber, M. Condinanzi, N. Jääskinen (Rapporteur), R. Frendo and A. Kornezov, Judges,", "paragraph_id": "para_9" }, { "text": "Advocate General: M. Campos Sánchez-Bordona,", "paragraph_id": "para_10" }, { "text": "Registrar: R. Stefanova-Kamisheva, Administrator,", "paragraph_id": "para_11" }, { "text": "having regard to the written procedure and further to the hearing on 1 October 2025,", "paragraph_id": "para_12" }, { "text": "after considering the observations submitted on behalf of:", "paragraph_id": "para_13" }, { "text": "–        the Bulgarian Government, by R. Stoyanov and T. Tsingileva, acting as Agents,", "paragraph_id": "para_14" }, { "text": "–        the Polish Government, by B. Majczyna, acting as Agent,", "paragraph_id": "para_15" }, { "text": "–        the European Commission, by M. Wasmeier and I. Zaloguin, acting as Agents,", "paragraph_id": "para_16" }, { "text": "after hearing the Opinion of the Advocate General at the sitting on 11 December 2025,", "paragraph_id": "para_17" }, { "text": "gives the following", "paragraph_id": "para_18" }, { "text": "Judgment", "paragraph_id": "para_19" }, { "text": "1         This request for a preliminary ruling concerns the interpretation of Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ 2005 L 68, p. 49), as amended by Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39, and corrigendum OJ 2014 L 138, p. 114) (‘Framework Decision 2005/212’), of Article 3(3) of Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation (OJ L, 2024/1260) and of Articles 47, 49 and 52 of the Charter of Fundamental Rights of the European Union (‘the Charter’).", "paragraph_id": "para_20" }, { "text": "2         The request has been made in criminal proceedings brought against EZ, following his conviction for driving a motor vehicle under the influence of alcohol, an offence punishable by a custodial sentence of more than one year, with a view to confiscating that vehicle.", "paragraph_id": "para_21" }, { "text": "Legal context", "paragraph_id": "para_22" }, { "text": "European Union law", "paragraph_id": "para_23" }, { "text": "The Charter", "paragraph_id": "para_24" }, { "text": "3         Article 51 of the Charter, entitled ‘Field of application’, provides in paragraph 1 thereof:", "paragraph_id": "para_25" }, { "text": "‘The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.’", "paragraph_id": "para_26" }, { "text": "Framework Decision 2005/212", "paragraph_id": "para_27" }, { "text": "4         Recitals 1, 2 and 4 to 10 of Framework Decision 2005/212 state:", "paragraph_id": "para_28" }, { "text": "‘(1)      The main motive for cross-border organised crime is financial gain. In order to be effective, therefore, any attempt to prevent and combat such crime must focus on tracing, freezing, seizing and confiscating the proceeds from crime. However, this is made difficult, inter alia, as a result of differences between Member States’ legislation in this area.", "paragraph_id": "para_29" }, { "text": "(2)      In the conclusions of the Vienna European Council of December 1998, the European Council called for a strengthening of EU efforts to combat international organised crime in accordance with an action plan on how best to implement the provisions of the Treaty of Amsterdam in an area of freedom, security and justice [(OJ 1999 C 19, p. 1)].", "paragraph_id": "para_30" }, { "text": "…", "paragraph_id": "para_31" }, { "text": "(4)      Paragraph 51 of the conclusions of the Tampere European Council of 15 and 16 October 1999 stresses that money laundering is at the very heart of organised crime, and should be rooted out wherever it occurs and that the European Council is determined to ensure that concrete steps are taken to trace, freeze, seize and confiscate the proceeds from crime. The European Council also calls, in paragraph 55, for the approximation of criminal law and procedures on money laundering (e.g. tracing, freezing and confiscating funds).", "paragraph_id": "para_32" }, { "text": "(5)      Pursuant to Recommendation 19 in the 2000 action plan entitled “The prevention and control of organised crime: a European Union strategy for the beginning of the new millennium”, which was approved by the Council on 27 March 2000 [(OJ 2000 C 124, p. 1)], an examination should be made of the possible need for an instrument which, taking into account best practice in the Member States and with due respect for fundamental legal principles, introduces the possibility of mitigating, under criminal, civil or fiscal law, as appropriate, the onus of proof regarding the source of assets held by a person convicted of an offence related to organised crime.", "paragraph_id": "para_33" }, { "text": "(6)      Pursuant to Article 12, on confiscation and seizure, of the UN Convention of 12 December 2000 against Transnational Organised Crime, States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of judicial proceedings.", "paragraph_id": "para_34" }, { "text": "(7)      All Member States have ratified [the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, signed in Strasbourg on 8 November 1990 ( European Treaty Series No 141 )]. Some Member States have submitted declarations with regard to Article 2 of the Convention concerning confiscation so as to be obliged to confiscate proceeds only from a number of specified offences.", "paragraph_id": "para_35" }, { "text": "(8)      The Council Framework Decision 2001/500/JHA [of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ 2001 L 182, p. 1)] lays down provisions on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime. Under that Framework Decision, Member States are also obliged not to make or uphold reservations in respect of the provisions of [the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime], in so far as the offence is punishable by deprivation of liberty or a detention order for a maximum of more than one year.", "paragraph_id": "para_36" }, { "text": "(9)      The existing instruments in this area have not to a sufficient extent achieved effective cross-border cooperation with regard to confiscation as there are still a number of Member States which are unable to confiscate the proceeds from all offences punishable by deprivation of liberty for more than one year.", "paragraph_id": "para_37" }, { "text": "(10)      The aim of this Framework Decision is to ensure that all Member States have effective rules governing the confiscation of proceeds from crime, inter alia, in relation to the onus of proof regarding the source of assets held by a person convicted of an offence related to organised crime. …’", "paragraph_id": "para_38" }, { "text": "5         Article 2 of that framework decision, entitled ‘Confiscation’, provides in paragraph 1 thereof:", "paragraph_id": "para_39" }, { "text": "‘Each Member State shall take the necessary measures to enable it to confiscate, either wholly or in part, instrumentalities and proceeds from criminal offences punishable by deprivation of liberty for more than one year, or property the value of which corresponds to such proceeds.’", "paragraph_id": "para_40" }, { "text": "Directive 2014/42", "paragraph_id": "para_41" }, { "text": "6         Recital 9 of Directive 2014/42 states:", "paragraph_id": "para_42" }, { "text": "‘This Directive aims to amend and expand the provisions of Framework Decisions [2001/500 and 2005/212]. Those Framework Decisions should be partially replaced for the Member States bound by this Directive.’", "paragraph_id": "para_43" }, { "text": "7         Article 3 of the directive, entitled ‘Scope’, provides:", "paragraph_id": "para_44" }, { "text": "‘This Directive shall apply to criminal offences covered by:", "paragraph_id": "para_45" }, { "text": "(a)      Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union [(OJ 1997 C 195, p. 1)];", "paragraph_id": "para_46" }, { "text": "(b)      Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [(OJ 2000 L 140, p. 1)];", "paragraph_id": "para_47" }, { "text": "(c)      Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting on non-cash means of payment [(OJ 2001 L 149, p. 1)];", "paragraph_id": "para_48" }, { "text": "(d)      [Framework Decision 2001/500];", "paragraph_id": "para_49" }, { "text": "(e)      Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism [(OJ 2002 L 164, p. 3)];", "paragraph_id": "para_50" }, { "text": "(f)      Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector [(OJ 2003 L 192, p. 54)];", "paragraph_id": "para_51" }, { "text": "(g)      Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking [(OJ 2004 L 335, p. 8)];", "paragraph_id": "para_52" }, { "text": "(h)      Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime [(OJ 2008 L 300, p. 42)];", "paragraph_id": "para_53" }, { "text": "(i)      Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA [(OJ 2011 L 101, p. 1)];", "paragraph_id": "para_54" }, { "text": "(j)      Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA [(OJ 2011 L 335, p. 1)];", "paragraph_id": "para_55" }, { "text": "(k)      Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA [(OJ 2013 L 218, p. 8)],", "paragraph_id": "para_56" }, { "text": "as well as other legal instruments if those instruments provide specifically that this Directive applies to the criminal offences harmonised therein.’", "paragraph_id": "para_57" }, { "text": "8         Article 14 of that directive, entitled ‘Replacement of Joint Action 98/699/JHA and of certain provisions of Framework Decisions 2001/500/JHA and 2005/212/JHA’, provides, in paragraph 1 thereof:", "paragraph_id": "para_58" }, { "text": "‘Joint Action 98/699/JHA [of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime (OJ 1998 L 333, p. 1)], point (a) of Article 1 and Articles 3 and 4 of Framework Decision [2001/500], and the first four indents of Article 1 and Article 3 of Framework Decision [2005/212], are replaced by this Directive for the Member States bound by this Directive, without prejudice to the obligations of those Member States relating to the time limits for transposition of those Framework Decisions into national law.’", "paragraph_id": "para_59" }, { "text": "Directive 2024/1260", "paragraph_id": "para_60" }, { "text": "9         Article 33 of Directive 2024/1260, entitled ‘Transposition’, provides, in paragraph 1 thereof:", "paragraph_id": "para_61" }, { "text": "‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 November 2026. They shall immediately inform the Commission thereof.", "paragraph_id": "para_62" }, { "text": "…’", "paragraph_id": "para_63" }, { "text": "10       Article 36 of that directive, entitled ‘Replacement of Joint Action 98/699/JHA, Framework Decisions 2001/500/JHA and 2005/212/JHA, Decision 2007/845/JHA and Directive 2014/42/EU’, provides:", "paragraph_id": "para_64" }, { "text": "‘1.      Joint Action [98/699], Framework Decisions [2001/500] and [2005/212], [Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (OJ 2007 L 332, p. 103)] and Directive [2014/42] are replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the date for transposition of those instruments into national law.", "paragraph_id": "para_65" }, { "text": "2.      With regard to the Member States bound by this Directive, references to the instruments referred to in paragraph 1 shall be construed as references to this Directive.’", "paragraph_id": "para_66" }, { "text": "11       Article 37 of that directive, entitled ‘Entry into force’, states:", "paragraph_id": "para_67" }, { "text": "‘This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .’", "paragraph_id": "para_68" }, { "text": "Bulgarian law", "paragraph_id": "para_69" }, { "text": "12       Article 53 of the Nakazatelen kodeks (Criminal Code) of 1 May 1968 (DV No 26 of 2 April 1968), in the version applicable to the facts in the main proceedings, provides:", "paragraph_id": "para_70" }, { "text": "‘1.      Irrespective of criminal liability, the following shall be confiscated in favour of the State:", "paragraph_id": "para_71" }, { "text": "(a)      property belonging to the offender which was intended or served for the purpose of committing a deliberate criminal offence; where such property no longer exists or has been disposed of, its equivalent value shall be determined;", "paragraph_id": "para_72" }, { "text": "(b)      property belonging to the offender which has been the subject matter of a deliberate criminal offence, in the cases expressly provided for in the Special Part of this Code.", "paragraph_id": "para_73" }, { "text": "…’", "paragraph_id": "para_74" }, { "text": "13       It is apparent from Article 343b(1) of the Criminal Code, in the version applicable to the facts in the main proceedings, that anyone who drives a motor vehicle with a blood alcohol level of more than 1.2 per mille, duly established, is to receive a custodial sentence of between one and three years and a fine of 200 to 1 000 leva (BGN) (approximately EUR 100 to 500).", "paragraph_id": "para_75" }, { "text": "14       In addition, Article 343b(5) provides that, in the cases referred to in paragraphs 1 to 4 of that article, the court is to order the confiscation, in favour of the State, of the motor vehicle used to commit the offence and owned by the perpetrator of the offence, or, if the perpetrator of the offence is not the owner of the vehicle, the court is to sentence that person to pay a sum equivalent to the value of the vehicle.", "paragraph_id": "para_76" }, { "text": "The main proceedings and the questions referred", "paragraph_id": "para_77" }, { "text": "15       By a judgment which acquired the status of res judicata on 15 August 2024, EZ was found guilty of driving a motor vehicle on 27 July 2024, in the town of Veliki Preslav (Bulgaria), with a blood alcohol level of more than 1.2 per mille, namely 3.23 per mille.", "paragraph_id": "para_78" }, { "text": "16       EZ was given a custodial sentence of one year, suspended with a probation period of three years and a fine of BGN 500 (approximately EUR 250). He was also ‘banned from driving a motor vehicle’ for a period of one year and eight months.", "paragraph_id": "para_79" }, { "text": "17       The Rayonen sad Veliki Preslav (District Court, Veliki Preslav, Bulgaria), which is the referring court, has jurisdiction, in accordance with national law, to decide whether to order confiscation, in favour of the State, of the vehicle used to commit the offence and belonging to the perpetrator of the offence or, where the perpetrator is not the owner, whether to order him or her to pay a sum equivalent to the value of the vehicle. It is apparent from the order for reference that a decision has been made regarding the return of the motor vehicle used to commit the offence – which also constitutes material evidence – and, as regards the confiscation of a sum equivalent to the full value of that vehicle, that a stay of proceedings has been ordered pending the answer of the Court of Justice to the questions referred for a preliminary ruling.", "paragraph_id": "para_80" }, { "text": "18       In that regard, the referring court notes that the vehicle at issue is the joint property, in equal parts, of EZ and his wife, BS. His wife did not participate in the confiscation proceedings since such participation is not provided for under national legislation. Furthermore, that court states that another chamber of the same court set a guarantee amounting to half the value of the vehicle so far as concerns EZ.", "paragraph_id": "para_81" }, { "text": "19       The question of confiscation of a sum equivalent to the value of the vehicle at issue is therefore still before the referring court. In that context, that court seeks to ascertain whether Directive 2024/1260, Framework Decision 2005/212 and the Charter apply to traffic offences punishable by a custodial sentence, such as that at issue in the main proceedings, namely driving a motor vehicle under the influence of alcohol and/or narcotics.", "paragraph_id": "para_82" }, { "text": "20       If that question is answered in the affirmative, that court asks whether, in a situation where the motor vehicle at issue in the main proceedings is regarded as being an instrumentality used to commit an offence, within the meaning of Article 3(3) of Directive 2024/1260, national legislation which provides for the compulsory confiscation of the motor vehicle in the case of traffic offences committed after consumption of alcohol and/or narcotics is contrary to the principle of proportionality, as enshrined in Articles 49 and 52 of the Charter. In addition, that court has doubts regarding the compatibility of national legislation – which does not provide for the possibility for bona fide third parties who have a right of ownership over the asset to be confiscated in favour of the State to be able to participate in the criminal proceedings in question and to be heard in relation to that confiscation – with Article 47 of the Charter.", "paragraph_id": "para_83" }, { "text": "21       In those circumstances, the Rayonen sad Veliki Preslav (District Court, Veliki Preslav) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:", "paragraph_id": "para_84" }, { "text": "‘(1)      Do Directive [2024/1260], the [Charter], or Framework Decision [2005/212] apply to traffic offences committed after the consumption of alcohol and/or narcotics?", "paragraph_id": "para_85" }, { "text": "(2)      If the answer to the first question is in the affirmative, does the motor vehicle constitute an instrumentality used to commit the offence, as defined by Article 3(3) of Directive [2024/1260]?", "paragraph_id": "para_86" }, { "text": "(3)      If the answer to the second question is in the affirmative, does the principle of proportionality, in accordance with Articles 49 and 52 of the [Charter], apply to the confiscation of the motor vehicle?", "paragraph_id": "para_87" }, { "text": "(4)      Must Article 47 of the [Charter] be interpreted as precluding national legislation such as Article 306(1)(1) of the Code of Criminal Procedure of the Republic of Bulgaria, which allows a motor vehicle that has been used to commit an offence to be confiscated in favour of the State or its monetary equivalent to be allocated [to the State], where the motor vehicle is in part owned by a person other than the one who committed the offence, without that third party being able to take part in those proceedings in his or her own right and having direct access to the courts[?]’", "paragraph_id": "para_88" }, { "text": "Consideration of the questions referred", "paragraph_id": "para_89" }, { "text": "The first question", "paragraph_id": "para_90" }, { "text": "22       By its first question, the referring court refers both to Directive 2024/1260 and to Framework Decision 2005/212, as well as to the Charter.", "paragraph_id": "para_91" }, { "text": "23       Pursuant to Article 36 of Directive 2024/1260, that directive replaces, inter alia, Framework Decision 2005/212. Article 37 of that directive provides that it is to enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .", "paragraph_id": "para_92" }, { "text": "24       Since that publication took place on 2 May 2024 and the traffic offence at issue was committed on 27 July 2024, that offence refers to a legal situation that occurred after the entry into force of Directive 2024/1260.", "paragraph_id": "para_93" }, { "text": "25       That said, in accordance with Article 33(1) of that directive, the deadline for its transposition is 23 November 2026.", "paragraph_id": "para_94" }, { "text": "26       In that regard, it should be borne in mind that a new rule of law applies from the entry into force of the act introducing it, and, while it does not apply to legal situations that have arisen and become definitive under the old law, it does apply to their future effects, and to new legal situations. It is otherwise, subject to the principle of the non-retroactivity of legal acts, only if the new rule is accompanied by special provisions which specifically lay down its conditions of temporal application (judgment of 13 July 2023, Banco Santander (Reference to an official index) , C‑265/22, EU:C:2023:578, paragraph 37 and the case-law cited).", "paragraph_id": "para_95" }, { "text": "27       Therefore, as regards directives more specifically, it is, as a general rule, only legal situations existing after the expiry of the period prescribed for transposition of a directive which fall, ratione temporis , within the scope of that directive (judgment of 13 July 2023, Banco Santander (Reference to an official index) , C‑265/22, EU:C:2023:578, paragraph 38 and the case-law cited).", "paragraph_id": "para_96" }, { "text": "28       In the present case, first, the facts in the main proceedings, namely driving a motor vehicle under the influence of alcohol, occurred prior to the deadline for transposition of Directive 2024/1260. Second, according to the documents before the Court, the Republic of Bulgaria had not, at the time of the facts, transposed that directive into national law. It follows that Directive 2024/1260 is not applicable ratione temporis to the legal situation in the main proceedings.", "paragraph_id": "para_97" }, { "text": "29       Therefore, it must be held that, by its first question, the referring court asks, in essence, whether Framework Decision 2005/212 and the Charter apply to a traffic offence which consists of driving a motor vehicle under the influence of alcohol and which is punishable by a custodial sentence of more than one year.", "paragraph_id": "para_98" }, { "text": "30       In the light of the referring court’s questions, it is necessary to ascertain whether a traffic offence such as that at issue in the main proceedings may be regarded as constituting a ‘criminal offence’ within the meaning of Article 2(1) of that framework decision, it being noted that that concept is not defined by that framework decision.", "paragraph_id": "para_99" }, { "text": "31       In that regard, Article 2(1) of that framework decision provides that each Member State is to take the necessary measures to enable it to confiscate, either wholly or in part, instrumentalities and proceeds from criminal offences punishable by deprivation of liberty for more than one year, or property the value of which corresponds to such proceeds.", "paragraph_id": "para_100" }, { "text": "32       The Courts of the European Union may have recourse in certain situations to methods of interpretation which they consider appropriate in order to clarify the exact scope of a provision of EU law that appears to be clear, by placing that provision in its context and interpreting it in the light of the provisions of EU law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which that provision is to be applied (see, to that effect, judgment of 3 September 2024, Illumina and Grail v Commission , C‑611/22 P and C‑625/22 P, EU:C:2024:677, paragraph 127 and the case-law cited). In addition, the legislative history of a provision of EU law may also reveal elements that are relevant to its interpretation (see, to that effect, judgment of 10 December 2018, Wightman and Others , C‑621/18, EU:C:2018:999, paragraph 47 and the case-law cited).", "paragraph_id": "para_101" }, { "text": "33       As regards, in the first place, the context in which Article 2(1) of Framework Decision 2005/212 occurs, it is clear from the preamble to that decision, in particular from a combined reading of recitals 1, 2, 4 to 6, 8 and 10 thereof, that that framework decision primarily concerns combating organised crime. In addition, Article 2(1) concerns criminal offences ‘punishable by deprivation of liberty for more than one year’. It is apparent from recital 8 that those penalties are referred to in relation to the criminal offences coming under Framework Decision 2001/500, namely those relating to money laundering. Money laundering is, in the words of recital 4 of Framework Decision 2005/212, ‘at the very heart of organised crime’.", "paragraph_id": "para_102" }, { "text": "34       Furthermore, account must also be taken of the provisions of Directive 2014/42 and, in particular, Article 3 thereof. That directive, in accordance with Article 14(1) thereof, replaced the first four indents of Article 1 and Article 3 of Framework Decision 2005/212, with the result that the provisions of that framework decision, which were maintained in force after that directive was adopted, coexist with the provisions of that directive (see, to that effect, judgment of 19 March 2020, ‘ Agro In 2001 ’, C‑234/18, EU:C:2020:221, paragraph 48).", "paragraph_id": "para_103" }, { "text": "35       Even if Article 14 does not make clear which specific provisions of Directive 2014/42 replaced those of Framework Decision 2005/212 and, in particular, Article 3(1) thereof, it must be stated that Article 3 of that directive reproduces, in essence, the list of legal instruments set out in Article 3(1) of that framework decision, while expanding it to other instruments, as stated in recital 9 of that directive. It is apparent from Article 3 of that directive that that article concerns, like Article 3(1) of the framework decision, serious offences which, directly or indirectly, form part of organised crime or another area of crime which may have a cross-border dimension. Driving a motor vehicle under the influence of alcohol or narcotics does not constitute, in principle, such an offence.", "paragraph_id": "para_104" }, { "text": "36       As regards, in the second place, the purpose of Framework Decision 2005/212, it is apparent from recitals 1 and 7 to 10 thereof that, in order to prevent and combat organised crime effectively, the EU legislature considers it necessary to focus on cross-border cooperation in respect of tracing, freezing, seizing and confiscating the proceeds from crime and to adopt, to that end, a more effective instrument to combat such crime than those which existed previously, by ensuring that all Member States have rules governing the confiscation of proceeds generated from such criminality.", "paragraph_id": "para_105" }, { "text": "37       It follows that, since a traffic offence, such as that at issue in the main proceedings, does not form part of organised crime nor an area of crime which may have a cross-border dimension or be of a serious nature, it does not constitute a ‘criminal offence’ within the meaning of Article 2(1) of Framework Decision 2005/212 and does not fall within the material scope of that framework decision.", "paragraph_id": "para_106" }, { "text": "38       That interpretation is supported, in the third place, by the legislative history of Framework Decision 2005/212.", "paragraph_id": "para_107" }, { "text": "39       In that regard, it is apparent from the explanatory note of the initiative of the Kingdom of Denmark for a draft Framework Decision on confiscation of crime-related proceeds, instrumentalities and property (Communication from the Kingdom of Denmark, Council Document No 9956/02 ADD 1) that that initiative refers to the conclusions of the Vienna European Council meetings of December 1998 and Tampere European Council meetings of 15 and 16 October 1999 respectively, in connection with the various actions concerning, in essence, combating organised crime at EU level and the recommendation concerning the prevention and control of organised crime, to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and to Framework Decision 2001/500. It is in that context that that explanatory note states that there is a need to adopt a horizontal instrument to determine unambiguously the obligations incumbent upon the Member States concerning confiscation.", "paragraph_id": "para_108" }, { "text": "40       As regards the referring court’s questions concerning the applicability of the Charter, it must be stated that the scope of the Charter is defined in Article 51(1) thereof, according to which, so far as action by the Member States is concerned, the provisions of the Charter are addressed to those States only when they are implementing EU law (see, to that effect, judgment of 19 November 2019, TSN and AKT , C‑609/17 and C‑610/17, EU:C:2019:981, paragraph 42 and the case-law cited).", "paragraph_id": "para_109" }, { "text": "41       In addition, in accordance with settled case-law, the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law (judgment of 19 November 2019, TSN and AKT , C‑609/17 and C‑610/17, EU:C:2019:981, paragraph 43 and the case-law cited).", "paragraph_id": "para_110" }, { "text": "42       However, as is apparent from paragraph 37 above, the traffic offence at issue in the main proceedings, consisting of driving a motor vehicle under the influence of alcohol, does not fall within the material scope of Framework Decision 2005/212. It follows that the confiscation of a vehicle for the prevention of such an offence is not governed by EU law and that, consequently, the Charter also does not apply in the present case.", "paragraph_id": "para_111" }, { "text": "43       In the light of all the foregoing considerations, the answer to the first question is that Framework Decision 2005/212 does not apply to a traffic offence which consists of driving a motor vehicle under the influence of alcohol and which is punishable by a custodial sentence of more than one year.", "paragraph_id": "para_112" }, { "text": "The second to fourth questions", "paragraph_id": "para_113" }, { "text": "44       In the light of the answer given to the first question, there is no need to answer the second to fourth questions.", "paragraph_id": "para_114" }, { "text": "Costs", "paragraph_id": "para_115" }, { "text": "45       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.", "paragraph_id": "para_116" }, { "text": "On those grounds, the Court (Fourth Chamber) hereby rules:", "paragraph_id": "para_117" }, { "text": "Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property, as amended by Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014, does not apply to a traffic offence which consists of driving a motor vehicle under the influence of alcohol and which is punishable by a custodial sentence of more than one year.", "paragraph_id": "para_118" }, { "text": "[Signatures]", "paragraph_id": "para_119" }, { "text": "*       Language of the case: Bulgarian.", "paragraph_id": "para_120" }, { "text": "i       The name of the present case is a fictitious name. 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