CELEX: 62018CB0652
Language: en
Date: 2019-10-03 00:00:00
Title: Case C-652/18: Order of the Court (Eighth Chamber) of 3 October 2019 (request for a preliminary ruling from the Administrativen sad — Haskovo — Bulgaria) — SZ v Mitnitsa Burgas (Reference 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 9(1) — Penalties provided for by national law — National legislation — Fine and confiscation of the undeclared sum by the State — Proportionality)

16.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/19
            
         
      Order of the Court (Eighth Chamber) of 3 October 2019 (request for a preliminary ruling from the Administrativen sad — Haskovo — Bulgaria) — SZ v Mitnitsa Burgas
      (Case C-652/18) (1)
      
      (Reference 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 9(1) - Penalties provided for by national law - National legislation - Fine and confiscation of the undeclared sum by the State - Proportionality)
      (2019/C 423/23)
      Language of the case: Bulgarian
      
         Referring court
      
      Administrativen sad — Haskovo
      
         Parties to the main proceedings
      
      
         Applicant: SZ
      
         Defendant: Mitnitsa Burgas
      
         in the presence of: Okrazhna prokuratura — Haskovo
      
         Operative part of the order
      
      Article 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 an administrative fine, the undeclared sum is to be confiscated by the State.
      
         (1)  OJ C 4, 7.1.2019.