The Sofia City Court condemned the Sofia District Court for the fundamental violation of the European Union’s rights. The reason is that, along with a criminal conviction, the district court ordered the confiscation of a semi-trailer that was not owned by the convicted person, reported the specialized publication “De facto”.
On August 4, 2019, the Sofia District Court approved a settlement whereby a Turkish driver was found guilty of smuggling. Together with the imposed punishment, the court also imposes the confiscation of the polypemap, which is the property of the city, in which the offender of p the warming.
The company, which is based in Istanbul, is suing the Turkish District Court in Sofia for the suspension of the European law, as it was not given the opportunity to protect its assets before the court. She claims BGN 70,000 in compensation and the statutory fee for property damage caused.
The typical company refers to the decisions of the Bulgarian Constitutional Court and the Court of EC in Luxembourg, as well as the judgment of Bulgaria by the European Court of Human Rights in Luxembourg. He claims that the EC law prevents the confiscation of the property of third parties.
The district court pleaded not guilty. It indicates that the removal of the vehicle, which was used for the execution of the contract, is provided for in the law, is mandatory, and the company can e and seek compensation from the guilty party.
However, the city court, which hears the case against the district court, is of a different opinion – the Bulgarian courts are obliged to apply EC law, which takes precedence over national laws. He also recalls the decisions of the Constitutional Court, which declared unconstitutional norms of the Penal Code, providing for the deprivation of liberty of third persons who are not members of the congregation, without being able to defend themselves o.
However, the company was awarded only the value of the seized semi-trailer – BGN 23,970. The rest of the claim was deemed unproven. The district court owes the amount with interest, which from the day of the confiscation until today is BGN 12,648. It must also pay a little over BGN 860 in costs in the case.
The decision of the city court is not final and may be appealed to the court of appeals.
In January 2024, the District Court in Sofia was ordered to pay the type firm over BGN 90,000 for the confiscation of this composition in the judgment of the EC, “De facto” also recalls.
At the beginning of 2020, the District Court in Sofia was also sentenced for over BGN 1.5 million for the EC’s incompatible right to confiscate undeclared funds.
The same year in April, the Supreme Court of Cassation upheld another conviction of the Sofia District Court for confiscation, also denied by EU law.
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