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CJEU Case C-234/18 / Opinion

Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v BP and Others

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Proceedings for the confiscation of illegally obtained assets in the absence of a criminal conviction — Directive 2014/42/EU — Scope — Framework Decision 2005/212/JHA.

Outcome of the case:

In the light of all the foregoing considerations, I suggest that the Court should answer the questions raised by the Sofyski Gradski Sad (Sofia City Court, Bulgaria) as follows:

‘Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property does not preclude confiscation proceedings such as those pending before the national court, where those proceedings are not ‘in relation to a criminal offence’ and their issue does not depend upon a criminal conviction.’