Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-01/cp210004en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 4/21

Luxembourg, 14 January 2021

Judgment in Case C-393/19 Okrazhna prokuratura - Haskovo and Apelativna prokuratura – Plovdiv v OM A national rule permitting the confiscation of an instrumentality that was used to commit an aggravated smuggling offence but belongs to a third party acting in good faith is contrary to EU law

Furthermore, the owner of the confiscated property must have an effective remedy against that measure OM was employed by a transport company established in Turkey as the driver of an international freight lorry to make a journey from Turkey to Germany.

On 11 June 2018, he agreed to a proposal made to him to transport approximately 3 000 antique coins illegally in the tractor unit used for his journey in return for payment. After crossing the border between Turkey and Bulgaria, OM was subject to a customs check which resulted in the discovery of the coins concealed in the tractor unit.

During the investigation, the Turkish company sought the return of the tractor unit and trailer, maintaining that it had no connection to the criminal offence and that the return of that property would not impede the investigation. That request was refused. 

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