# C_2020036EN.01001302.xml

| 3.2.2020 | EN | Official Journal of the European Union | C 36/13 |
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3.2.2020

EN

Official Journal of the European Union

C 36/13

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Judgment of the Court (First Chamber) of 5 December 2019 (request for a preliminary ruling from the Sąd Rejonowy w Chełmnie — Poland) — proceedings initiated by Centraal Justitieel Incassobureau, Ministerie van Veiligheid en Justitie (CJIB)

(Case C-671/18) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Mutual recognition - Financial penalties - Grounds for non-recognition and non-execution - Framework Decision 2005/214/JHA - Decision by an authority of the issuing Member State based on vehicle registration data - Notification of the penalties and the appeal procedures to the person concerned - Right to effective judicial protection)

(2020/C 36/17)

Language of the case: Polish

Referring court

Sąd Rejonowy w Chełmnie

Parties to the main proceedings

Applicant: Centraal Justitieel Incassobureau, Ministerie van Veiligheid en Justitie (CJIB)

Interested parties: Z.P., Prokuratura Rejonowa w Chełmnie

Operative part of the judgment

| 1. | Article 7(2)(g) and Article 20(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 where a decision requiring payment of a financial penalty has been notified in accordance with the national legislation of the issuing Member State, indicating the right to contest the case and the time limit for such a legal remedy, the authority of the Member State of execution may not refuse to recognise and execute that decision provided that the person concerned has had sufficient time to contest that decision, which is for the national court to verify, and the fact that the procedure imposing the financial penalty in question is administrative in nature is not relevant in that regard; |
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1.

Article 7(2)(g) and Article 20(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 where a decision requiring payment of a financial penalty has been notified in accordance with the national legislation of the issuing Member State, indicating the right to contest the case and the time limit for such a legal remedy, the authority of the Member State of execution may not refuse to recognise and execute that decision provided that the person concerned has had sufficient time to contest that decision, which is for the national court to verify, and the fact that the procedure imposing the financial penalty in question is administrative in nature is not relevant in that regard;

| 2. | Article 20(3) of Framework Decision 2005/214, as amended by Framework Decision 2009/299 must be interpreted as meaning that the competent authority of the Member State of execution may not refuse to recognise and execute a decision requiring payment of a financial penalty in respect of road traffic offences where such a penalty has been imposed on the person in whose name the vehicle in question is registered on the basis of a presumption of liability laid down in the national legislation of the issuing Member State, provided that that presumption may be rebutted. |
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2.

Article 20(3) of Framework Decision 2005/214, as amended by Framework Decision 2009/299 must be interpreted as meaning that the competent authority of the Member State of execution may not refuse to recognise and execute a decision requiring payment of a financial penalty in respect of road traffic offences where such a penalty has been imposed on the person in whose name the vehicle in question is registered on the basis of a presumption of liability laid down in the national legislation of the issuing Member State, provided that that presumption may be rebutted.

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(1)  OJ C 65, 18.2.2019.

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