# C_2017006EN.01000602.xml

| 9.1.2017 | EN | Official Journal of the European Union | C 6/6 |
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9.1.2017

EN

Official Journal of the European Union

C 6/6

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Judgment of the Court (Grand Chamber) of 8 November 2016 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Criminal proceedings against Atanas Ognyanov

(Case C-554/14) (1)

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((Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2008/909/JHA - Article 17 - Law governing the enforcement of a sentence - Interpretation of a national rule of the executing State providing for reduction of a custodial sentence on account of work carried out by the sentenced person while detained in the issuing State - Legal effects of framework decisions - Obligation to interpret national law in conformity with EU law))

(2017/C 006/07)

Language of the case: Bulgarian

Referring court

Referring court

Sofiyski gradski sad

Party in the main proceedings

Party in the main proceedings

Atanas Ognyanov

intervening party: Sofiyska gradska prokuratura

intervening party

Operative part of the judgment

Operative part of the judgment

| 1. | Article 17(1) and (2) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as precluding a national rule being interpreted in such a way that it permits the executing State to grant to the sentenced person a reduction in sentence by reason of work he carried out during the period of his detention in the issuing State, although no such reduction in sentence was granted by the competent authorities of the issuing State, in accordance with the law of the issuing State; |
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1.

Article 17(1) and (2) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as precluding a national rule being interpreted in such a way that it permits the executing State to grant to the sentenced person a reduction in sentence by reason of work he carried out during the period of his detention in the issuing State, although no such reduction in sentence was granted by the competent authorities of the issuing State, in accordance with the law of the issuing State;

| 2. | EU law must be interpreted as meaning that a national court is bound to take into consideration the whole body of rules of national law and to interpret them, so far as possible, in accordance with Framework Decision 2008/909, as amended by Framework Decision 2009/299, in order to achieve the result sought by that framework decision, and if necessary to disapply, on its own authority, the interpretation adopted by the national court of last resort, if that interpretation is not compatible with EU law. |
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2.

EU law must be interpreted as meaning that a national court is bound to take into consideration the whole body of rules of national law and to interpret them, so far as possible, in accordance with Framework Decision 2008/909, as amended by Framework Decision 2009/299, in order to achieve the result sought by that framework decision, and if necessary to disapply, on its own authority, the interpretation adopted by the national court of last resort, if that interpretation is not compatible with EU law.

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(1)  OJ C 73, 2.3.2015.

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