Tranca (Justice and home affairs Justice and home affairs Approximation of laws - Judgment) [2017] EUECJ C-124/16 (22 March 2017)

Tranca (Justice and home affairs Justice and home affairs Approximation of laws - Judgment) [2017] EUECJ C-124/16 (22 March 2017)

Directive 2012/13/EU does not preclude national legislation requiring non-resident accused to appoint an agent for service of penalty orders and for the objection period to run from service on the agent, provided that, upon actual knowledge of the order, the accused can have their position restored to the status quo ante and benefit from the full objection period, ensuring effective exercise of defence rights.

Citation
[2017] EUECJ C-124/16
Parties
Accused: Ianos Tranca; Accused: Ionel Opria; Accused: Tanja Reiter; Prosecutor: Munich Public Prosecutor’s Office
Jurisdiction
European Union
Judgment Date
22 March 2017
Procedural Posture
Preliminary Ruling (joined Cases C 124/16, C 213/16, C 188/16) / Reference for Preliminary Ruling From National Courts
Outcome
Preliminary ruling: Directive 2012/13/EU does not preclude the national legislation as described, subject to effective restoration to status quo ante upon actual knowledge.
Legal Topics
Right to Information in Criminal Proceedings, Service of Penalty Orders, Rights of Defence, Directive 2012/13/eu, Status Quo Ante Restoration
Criminal Law European Union Law Procedural Law Right to Information in Criminal Proceedings Service of Penalty Orders Rights of Defence Directive 2012/13/eu Status Quo Ante Restoration

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Parties

Ianos Tranca

Accused

Ionel Opria

Accused

Tanja Reiter

Accused

Munich Public Prosecutor’s Office

Prosecutor

Procedural Posture

Preliminary Ruling (joined Cases C 124/16, C 213/16, C 188/16) / Reference for Preliminary Ruling From National Courts

Legal Issues

  1. 1 Whether Directive 2012/13/EU precludes national legislation requiring non-resident accused persons to appoint an agent for service of penalty orders, with objection periods running from service on the agent, and restoration to status quo ante if actual knowledge is lacking.

Ratio Decidendi

Directive 2012/13/EU does not preclude national legislation requiring non-resident accused to appoint an agent for service of penalty orders and for the objection period to run from service on the agent, provided that, upon actual knowledge of the order, the accused can have their position restored to the status quo ante and benefit from the full objection period, ensuring effective exercise of defence rights.

Court Disposition

Preliminary ruling: Directive 2012/13/EU does not preclude the national legislation as described, subject to effective restoration to status quo ante upon actual knowledge.

Orders

  • National courts must ensure that restoration to status quo ante and related procedures are applied in conformity with Article 6 of Directive 2012/13/EU.