CELEX: 62018CB0335
Language: en
Date: 2019-01-30 00:00:00
Title: Joined Cases C-335/18 and C-336/18: Order of the Court (Eighth Chamber Chamber) of 30 January 2019 — (requests for a preliminary ruling from the Sofiyski gradski sad, Apelativen sad — Sofia — Bulgaria) — Criminal proceedings against AK (C-335/18), EP (C-336/18) (References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Article 3(1) — Infringement of the obligation to declare — Article 4(2) — Measure to detain — Article 9(1) — Penalties provided for by national law — National legislation providing that, in addition to the imposition of a penalty of a term of imprisonment or a fine in the amount of one fifth of the amount of the undeclared sum, that sum is to be confiscated by the State — Proportionality)

25.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/9
            
         
      Order of the Court (Eighth Chamber Chamber) of 30 January 2019 — (requests for a preliminary ruling from the Sofiyski gradski sad, Apelativen sad — Sofia — Bulgaria) — Criminal proceedings against AK (C-335/18), EP (C-336/18)
      (Joined Cases C-335/18 and C-336/18) (1)
      
      ((References for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Controls of cash entering or leaving the European Union - Regulation (EC) No 1889/2005 - Article 3(1) - Infringement of the obligation to declare - Article 4(2) - Measure to detain - Article 9(1) - Penalties provided for by national law - National legislation providing that, in addition to the imposition of a penalty of a term of imprisonment or a fine in the amount of one fifth of the amount of the undeclared sum, that sum is to be confiscated by the State - Proportionality))
      (2019/C 112/12)
      Language of the case: Bulgarian
      
         Referring court
      
      Sofiyski gradski sad, Apelativen sad — Sofia
      
         Criminal proceedings against
      
      AK (C-335/18), EP (C-336/18)
      
         Operative part of the order
      
      Articles 4(2) and 9(1) of 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 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, for the purpose of penalising an infringement of the obligation to declare provided for in Article 3 of that regulation, provides that, in addition to the imposition of a penalty of a term of imprisonment of up to five years or a fine in the amount of one fifth of the amount of the undeclared sum of cash, that undeclared sum is to be confiscated by the State.
      
         (1)  OJ C 276, 6.8.2018.