CJEU - C 27/11 / Judgment Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost

Key facts of the case:
  1. This reference for a preliminary ruling concerns the interpretation of Article 2 of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Strasbourg on 22 November 1984 (‘Protocol No 7’); Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (‘the Charter’); Articles 67 TFEU, 82 TFEU and 91(1)(c) TFEU; the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications, adoption of which by the Member States was recommended by act of the Council of 17 June 1998 (OJ 1998 C 216, p. 2, ‘the Convention on Driving Disqualifications’); the Agreement on cooperation in proceedings for road traffic offences and the enforcement of financial penalties imposed in respect thereof, approved on 28 April 1999 by the Executive Committee established by the Convention implementing the Schengen Agreement (OJ 2000 L 239, p. 428, ‘the Cooperation Agreement’); and Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ 2005 L 76, p. 16, ‘the Framework Decision’).
  2. The reference has been made in proceedings between Mr Vinkov, a Bulgarian national, and Nachalnik Administrativno-nakazatelna deynost concerning a decision of the Bulgarian traffic police imposing on Mr Vinkov a financial penalty of BGN 20 and deducting a number of points from his driving licence.
Results (sanctions) and key consequences of the case:
 
The reference for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria), made by decision of 27 December 2010 (Case C‑27/11), is inadmissible.
Paragraphs referring to EU Charter: 

 

55-60, 79-81, 92-93