Case C-437/25, Avtomobilna administratsia Gabrovo: Request for a preliminary ruling from the Administrativen sad Gabrovo (Bulgaria) lodged on 3 July 2025 – FT v Nachalnik Oblasten otdel Avtomobilna administratsia Gabrovo
Date: 2025-07-03
Institutions: Court of Justice
Subjects: administrative sanction, fine, principle of proportionality, traffic offence, traffic regulations








C_202505433EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5433


20.10.2025






Request for a preliminary ruling from the Administrativen sad Gabrovo (Bulgaria) lodged on 3 July 2025 – FT v Nachalnik Oblasten otdel ‘Avtomobilna administratsia’ Gabrovo


(Case C-437/25, Avtomobilna administratsia Gabrovo)

(C/2025/5433)
Language of the case: Bulgarian

Referring court

Administrativen sad Gabrovo

Parties to the main proceedings


Appellant in cassation: FT

Respondent in cassation: Nachalnik Oblasten otdel ‘Avtomobilna administratsia’ Gabrovo

Questions referred







1.


Is the penalty which Article 93c(5) of the Zakon za avtomobilnite prevozi (Law on road transport) prescribes for the offence of using another person’s driver card compatible with the criteria governing the application and quantification of fines and periodic penalty payments which are laid down in Articles 13 and 15 of Commission Implementing Regulation (EU) No 646/2012 (1) of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, which governs the application of the principle of proportionality to the imposition of fines and periodic penalty payments by the European Commission? Are those penalties compatible with the principle of proportionality within the meaning of Article 5(4) of the Treaty on European Union, one of the general principles of EU law which the Member States must observe, since the aforementioned provision prescribes a penalty fixed at a flat rate representing a considerable sum for Bulgarian citizens to pay?










2.


Is the judgment of the Court of Justice of the European Union of 21 November 2024, Ekostroy, С-61/23, (2) account being taken of the Court’s findings in paragraph 53 thereof[, to the effect that], ‘in those circumstances, the imposition of flat-rate fines or financial penalties for all breaches of certain obligations laid down by law, without adjustment of the amount of the fine or financial penalty in line with the seriousness of the breach, as provided for under the system of penalties at issue in the main proceedings, appears to be disproportionate in the light of the objectives pursued by the EU legislation’, to be interpreted and applied in relation to all of the penalty provisions contained in the administrative law of the Republic of Bulgaria? Account being taken of the foregoing, are provisions of national law which, like Article 93c(5) of the Law on road transport, prescribe such a flat rate for penalties to be regarded, in the light of the judgment of the Court of Justice cited above, as compatible with the principle of proportionality enshrined in EU law?






(1)  
            OJ 2012 L 187, р. 29.

(2)  ECLI:EU:C:2024:974.


ELI: http://data.europa.eu/eli/C/2025/5433/oj
ISSN 1977-091X (electronic edition)