Opinion of the Advocate General — ECLI:EU:C:2025:969
Date: 2025-12-11
Language of the case: Bulgarian

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Translation  C-655/24 – 1 
Case C-655/24 [Latranov] i 
Request for a preliminary ruling 
Date lodged:  
9 October 2024 
Referring court:  
Rayonen sad Veliki Preslav (Bulgaria) 
Date of the decision to refer:  
9 October 2024 
Convicted person:  
EZ 
Prosecuting authority:  
Rayonna prokuratura – grad Veliki Preslav 
  
REQUEST FOR A PRELIMINARY RULING  
TO THE COURT OF JUSTICE OF THE EUROPEAN UNION 
[…] 
REFERRING COURT: 
Rayonen sad – Veliki Preslav (District Court, Veliki Preslav, Bulgaria) […] 
PARTIES TO THE ORIGINAL PROCEEDINGS: 
Prosecuting authority: Rayonna prokuratura – grad Veliki Preslav (District Public 
Prosecutor’s Office, Veliki Preslav, Bulgaria) […] 
 
i The name of this case is a fictitious name. It does not correspond to the real name of any party to the proceedings. 
EN 
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Convicted person: EZ […] 
SUBJECT MATTER OF THE CRIMINAL PROCEEDINGS AND RELEVANT 
FACTS: 
1 By means of a final court decision (case settlement agreement), EZ was found 
guilty of driving a motor vehicle (which was under a community of property 
regime) on 27 July 2024, in the town of Veliki Preslav, with a blood alcohol level 
of more than 1.2 per mille, more specifically of 3.23 per mille, which was 
established according to the standard procedure for determining the level of 
alcohol and/or narcotics or analogues thereof in the blood. EZ was given a 
custodial sentence of one year, suspended in accordance with Article 66 of the 
Nakazatelen kodeks (Criminal Code; ‘the NK’), with a probation period of three 
years, along with a fine of 500 Bulgarian leva (BGN). He was also banned from 
driving a motor vehicle for a period of one year and eight months. The decision 
became final on 15 August 2024. 
In a subsequent order (No 225/20.08.24, in general criminal case 224/2024 before 
the District Court, Veliki Preslav), the court had to rule on 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, on the 
allocation of the value of the vehicle. The chamber of the court of first instance 
ruled that the motor vehicle that had been used to commit the offence should be 
returned, as it also constituted physical evidence, and, as regards the allocation (to 
the State) of the total equivalent value of the vehicle, it stayed the proceedings 
until a request for a preliminary ruling to the Court of Justice and a decision in the 
proceedings have been made. 
2 Mrs BS, wife of the accused EZ, who has a 50% share in the ownership of the 
motor vehicle used to commit the offence, did not participate in the proceedings 
before the court of first instance in accordance with Article 306(1) of the 
Nakazatelno-protsesualen kodeks (Code of Criminal Procedure; ‘the NPK’). 
Procedural law does not provide her with a possibility of taking part in the 
proceedings as an independent party; nor was she questioned as a witness. 
3 Prior to the examination of the main case, a decision of another chamber of the 
same court ordered a guarantee for the 50% share in the motor vehicle at issue, 
owned by EZ. 
4 The representative of the prosecuting authority submits that it is necessary to 
make a request for a preliminary ruling due to the contradictory case-law from all 
the courts of the Republic of Bulgaria. This is also the view of [the lawyer] of EZ 
[…]. 
PROVISIONS OF NATIONAL LAW RELIED ON 
5 The NK 
LATRANOV 
 
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Article 343b. […] Anyone who drives a motor vehicle with a blood alcohol level 
of more than 1.2 per mille, duly established, shall receive a custodial sentence of 
between one and three years and a fine of BGN 200 to 1 000. 
(2) […] Anyone who drives a motor vehicle with a blood alcohol level of more 
than 0.5 per mille, duly established, having been convicted by a final ruling of the 
offence referred to in paragraph 1, shall receive a custodial sentence of between 
one and five years and a fine of BGN 500 to 1 500. 
(3) […] Anyone who drives a motor vehicle after consuming narcotics or 
analogues thereof, duly established, shall receive a custodial sentence of between 
one and three years and a fine of BGN 500 to 1 500. 
(4) […] If the act referred to in paragraph 3 is committed as a repeat offence, a 
custodial sentence of between one and five years and a fine of BGN 500 to 1 500 
shall be imposed. 
(5) […] In the cases referred to in paragraphs 1 to 4, the court shall 
confiscate in favour of the State 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, shall sentence that person to pay a sum equivalent to 
the value of the vehicle. 
(6) […] Anyone who drives a motor vehicle and refuses to undergo a duly 
conducted test to established whether alcohol and/or narcotics or analogues 
thereof have been consumed, having received an administrative penalty for one of 
these acts, shall receive a custodial sentence of up to six months and a fine of 
BGN 2 000. 
(7) […] The perpetrator of the offence shall not be punished if the refusal 
referred to in paragraph 6 is for reasons that are not attributable to that person. 
6 Article 53. (1) Irrespective of criminal liability, the following shall be confiscated 
in favour of the State: 
(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 allocated; 
(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. 
(2) […] The following shall also be confiscated in favour of the State: 
(a) property which has been the subject matter or instrumentality of a criminal 
offence and the possession of which is prohibited; and 
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b) […] the direct and indirect proceeds of a criminal offence, where these are 
not subject to return or recovery; where such proceeds no longer exist or have 
been disposed of, their equivalent value shall be allocated. 
(3) […] For the purposes of paragraph 2(b): 
1. ‘direct proceeds’ shall mean any economic advantage arising as an 
immediate consequence of the offence; 
2. ‘indirect proceeds’ shall mean any economic advantage arising from the 
disposal of direct proceeds, as well as any property resulting from the subsequent 
conversion, in whole or in part, of direct proceeds, including where the latter has 
been intermingled with property acquired from a legitimate source; property up to 
the value of the direct proceeds incorporated shall be liable to confiscation, as well 
as any increase in the property directly linked to the disposal or conversion of the 
direct proceeds or to the incorporation of the direct proceeds into the property. 
(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 allocated; 
(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. 
7 Naredba No 1 ot 19.07.2017 za reda za ustanovyavane kontsentratsiata na alkohol 
v kravta i/ili upotrebata na narkotichni veshtestva ili tehni analozi (Regulation 
No 1 of 19 July 2017 on the procedure for establishing the blood alcohol level 
and/or the consumption of narcotics or analogues thereof) 
Article 6 
(9) […] The refusal by the person to complete, sign or receive the test form 
shall be established by means of the signature of a witness. 
(10) […] If the person refuses to sign or receive the test form, if they do not 
present themselves within the time limit given at the location indicated or if they 
refuse to be tested with a probative testing device and/or to give samples for 
testing, the blood alcohol level and/or the consumption of narcotics or analogues 
thereof shall be established on the basis of the readings of the technical instrument 
for establishing blood alcohol levels or the test for establishing consumption of 
narcotics or analogues thereof. 
The NPK: 
8 Article 306. (1) The Court may also rule by way of order on the following matters: 
LATRANOV 
 
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1. the imposition of an aggregate sentence pursuant to Articles 25 and 27 of 
[the NK], as well as the application of Article 53 of [the NK]; 
2. […] the initial arrangements for serving the custodial sentence, if it failed to 
do so in the sentence; 
3. […] whether the conditions laid down in Articles 68, 69 and 69a and 
Article 70(7) of [the NK] are met as well as the sentence that the defendant must 
serve; the court of first instance that handed down the suspended custodial 
sentence shall rule on the application of Article 68(3) of [the NK], and the 
okrazhen sad (provincial court) that ruled on early conditional release shall rule on 
the application of Article 70(7), first sentence, second clause, of [the NK]; 
4. the physical evidence and the costs of the proceedings. 
(2) In the cases referred to in paragraph 1, points 1 to 3, the court shall rule at 
the hearing to which the convicted person has been summoned. 
(3) Orders made under paragraph 1, points 1 to 3, are subject to appeal pursuant 
to Chapter 21, and orders made under paragraph 1, point 4, are subject to appeal 
pursuant to Chapter 22. 
PROVISIONS OF EUROPEAN UNION LAW RELIED ON 
9 Directive (EU) 2024/1260 of the European Parliament and of the Council of 
24 April 2024 on asset recovery and confiscation 
Recital 33: When applying the national rules implementing this Directive, the 
national competent authorities can choose not to order or execute confiscation of 
unexplained wealth where, in the case in question, the application of the rules set 
out in this Directive would be manifestly unreasonable or disproportionate. 
Member States can also determine a requirement for a certain period of time 
during which the property could be deemed to have originated from such criminal 
conduct. Member States should ensure that the appropriate procedural rights of the 
affected person are respected. The rights of bona fide third parties should be 
protected in accordance with national law. 
Recital 45: This Directive respects the fundamental rights and observes the 
principles recognised by the Charter of Fundamental Rights of the European 
Union (the ‘Charter’) and the European Convention for the Protection of Human 
Rights and Fundamental Freedoms (the ‘ECHR’), as interpreted in the case-law of 
the European Court of Human Rights. This Directive should be implemented in 
accordance with those rights and principles. 
Recital 46: Freezing and confiscation orders substantially affect the rights of 
suspected and accused persons, and in certain cases the rights of third parties or 
other persons who are not being prosecuted. This Directive should provide for 
specific safeguards and judicial remedies in order to guarantee the protection of 
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the fundamental rights of such persons in the implementation of this Directive in 
line with the right to a fair trial, the right to an effective remedy and the 
presumption of innocence as enshrined in Articles 47 and 48 of the Charter. 
Recital 47: Freezing, confiscation and interlocutory sales orders should be 
communicated to the affected person without undue delay. Nevertheless, 
[Member] States should be able to provide for a right for competent authorities to 
postpone the communication of freezing orders to the affected person due to the 
needs of the investigation. The purpose of communicating such orders is, inter 
alia, to allow the affected person to challenge them. Therefore, such 
communication should, as a general rule, indicate the reason or reasons for the 
order concerned. Where the identity or whereabouts of an affected person is 
unknown or where communication to each of the affected persons would be a 
disproportionate burden on a competent authority, it should be possible to 
communicate by means of a public announcement. 
Recital 48: The affected person should have the effective possibility to challenge 
freezing, confiscation and interlocutory sales orders. In the case of confiscation 
orders where all elements of the criminal offence are present but a criminal 
conviction is impossible, the defendant should have a possibility to be heard 
before the order is issued, where possible. In the case of confiscation orders 
pursuant to provisions on extended confiscation and confiscation of unexplained 
wealth, circumstances that could be challenged by the affected person when 
challenging the confiscation order before a court should also include specific facts 
and available evidence on the basis of which the property concerned is considered 
to be property that is derived from criminal conduct. 
Recital 49: When implementing this Directive, Member States can provide that, in 
exceptional circumstances, confiscation should not be ordered or executed, in so 
far as it would, in accordance with national law, represent undue hardship for the 
affected person, on the basis of the circumstances of the respective individual 
case. 
10 Article 3 
(3) ‘instrumentalities’ means any property used or intended to be used, in any 
manner, wholly or partially, to commit a criminal offence; 
11 Article 24 
1. Member States shall ensure that persons affected by freezing orders pursuant 
to Article 11 and confiscation orders pursuant to Articles 12 to 16 have the right to 
an effective remedy and to a fair trial in order to uphold their rights. 
2. Member States shall ensure that rights of defence, including the right of 
access to the file, the right to be heard on issues of law and fact and, where 
relevant, the right to interpretation and translation, are guaranteed to affected 
persons that are suspects or accused persons or to persons affected by confiscation 
LATRANOV 
 
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pursuant to Article 16. Member States may provide that other affected persons 
also have the rights referred to in the first subparagraph. Member States shall 
provide that such other affected persons have the right of access to the file and the 
right to be heard on issues of law and fact, as well as any other procedural rights 
which are necessary to effectively exercise their right to an effective remedy. The 
right of access to the file may be limited to the documents related to the freezing 
or confiscation measure provided that the affected persons have access to the 
documents necessary to exercise their right to an effective remedy. 
3. Member States shall provide for the effective possibility for the person 
whose property is affected to challenge the freezing order pursuant to Article 11 
before a court, in accordance with procedures provided for in national law. Where 
the freezing order has been issued by a competent authority other than a judicial 
authority, national law may provide that such an order is first to be submitted for 
validation or review to a judicial authority before it can be challenged before a 
court. 
5. Member States shall provide for the effective possibility for the person 
whose property is affected to challenge the confiscation order pursuant to 
Articles 12 to 16, including the relevant circumstances of the case and available 
evidence on which the findings are based, before a court, in accordance with 
procedures provided for in national law. 
The Charter of Fundamental Rights of the European Union 
12 Article 17(1). Everyone has the right to own, use, dispose of and bequeath his or 
her lawfully acquired possessions. No one may be deprived of his or her 
possessions, except in the public interest and in the cases and under the conditions 
provided for by law, subject to fair compensation being paid in good time for their 
loss. The use of property may be regulated by law in so far as is necessary for the 
general interest. 
13 Article 47. Everyone whose rights and freedoms guaranteed by the law of the 
Union are violated has the right to an effective remedy before a tribunal in 
compliance with the conditions laid down in this Article. Everyone is entitled to a 
fair and public hearing within a reasonable time by an independent and impartial 
tribunal previously established by law. Everyone shall have the possibility of 
being advised, defended and represented. 
14 Article 49(1). No one shall be held guilty of any criminal offence on account of 
any act or omission which did not constitute a criminal offence under national law 
or international law at the time when it was committed. Nor shall a heavier 
penalty be imposed than the one that was applicable at the time the criminal 
offence was committed. If, subsequent to the commission of a criminal offence, 
the law provides for a lighter penalty, that penalty shall be applicable. 
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(2) This Article shall not prejudice the trial and punishment of any person for 
any act or omission which, at the time when it was committed, was criminal 
according to the general principles recognised by the community of nations. 
(3) The severity of penalties must not be disproportionate to the criminal 
offence. 
15 Article 52. Any limitation on the exercise of the rights and freedoms recognised 
by this Charter must be provided for by law and respect the essence of those rights 
and freedoms. Subject to the principle of proportionality, limitations may be made 
only if they are necessary and genuinely meet objectives of general interest 
recognised by the Union or the need to protect the rights and freedoms of others. 
Council Framework Decision 2005/212/JHA of 24 February 2005 on 
Confiscation of Crime-Related Proceeds, Instrumentalities and Property 
16 Article 2. 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. 
17 Article 4. Each Member State shall take the necessary measures to ensure that 
interested parties affected by measures under Articles 2 and 3 have effective legal 
remedies in order to preserve their rights. 
NECESSITY TO MAKE A REQUEST FOR A PRELIMINARY RULING 
18 The main dispute in the national proceedings concerns the question whether 
Directive (EU) 2024/1260 of the European Parliament and of the Council of 
24 April 2024 on asset recovery and confiscation, the Charter of Fundamental 
Rights of the European Union, or Framework Decision 2005/212/JHA of 
24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities 
and Property, apply to traffic offences committed after the consumption of alcohol 
and/or narcotics. 
19 If the answer to this question is in the affirmative, an interpretative question also 
arises, that is to say, whether the vehicle to be confiscated in favour of the State or 
the value of which is to be allocated [to the State] constitutes an instrumentality 
used to commit the offence, as defined by Article 3(3) of Directive 2024/1260. 
20 The referring court also finds that national legislation that provides for the 
compulsory confiscation of the motor vehicle in the case of traffic offences 
committed after consumption of alcohol and/or narcotics could be in conflict with 
EU law and its provisions, in particular with the principle of proportionality, 
according to Articles 49 and 52 of the Charter of Fundamental Rights of the 
European Union. 
LATRANOV 
 
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21 In the next place, the referring court considers that national legislation that does 
not provide for the possibility of third parties acting in good faith, 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] could be in conflict with EU law 
and its provisions, in particular the rules providing that those third parties may 
participate in the criminal proceedings, that is to say, that they be ensured access 
to a court and be given the opportunity to defend themselves and to protect their 
rights. 
22 At the time of this request, there is no relevant binding national case-law. 
Questions referred for a preliminary ruling 
1. Do Directive (EU) 2024/1260 of the European Parliament and of the 
Council of 24 April 2024 on asset recovery and confiscation, the Charter of 
Fundamental Rights of the European Union, or Framework Decision 
2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, 
Instrumentalities and Property, apply to traffic offences committed after the 
consumption of alcohol and/or narcotics? 
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 (EU) 2024/1260? 
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 of 
Fundamental Rights of the European Union, apply to the confiscation of the motor 
vehicle? 
4. Must Article 47 of the Charter of Fundamental Rights of the European 
Union 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[?]