CELEX: 62019CN0679
Language: en
Date: 2019-09-12 00:00:00
Title: Case C-679/19: Request for a preliminary ruling from the Tribunalul Ilfov (Romania) lodged on 12 September 2019 – NL v Direcția Generală Regională a Finanțelor Publice București

16.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/21
            
         
      Request for a preliminary ruling from the Tribunalul Ilfov (Romania) lodged on 12 September 2019 – NL v Direcția Generală Regională a Finanțelor Publice București
      (Case C-679/19)
      (2019/C 423/27)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul Ilfov
      
         Parties to the main proceedings
      
      
         Applicant: NL
      
         Defendant: Direcția Generală Regională a Finanțelor Publice București
      
         Questions referred
      
      
                  1.
               
               
                  Is Article 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council on controls of cash entering or leaving the Community (1) to be interpreted as precluding a penalty such as that laid down in Article 653(i) of Hotărârea Guvernului nr. 707/2006 (Government Decree No 707/2006), which provides that cash in excess of EUR 10 000 that has not been declared in writing to the customs authority is to be confiscated in its entirety and permanently?
               
            
                  2.
               
               
                  Is Article 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council on controls of cash entering or leaving the Community to be interpreted as precluding the application by Member States of an administrative penalty consisting in the confiscation of the entire undeclared amount without any prior or subsequent verification of the provenance or destination of the amounts and regardless of their provenance and destination?
               
            
         (1)  Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ 2005 L 309, p. 9).