Request for a preliminary ruling from the Apelativen sad — Plovdiv (Bulgaria) lodged on 21 May 2019 — Criminal proceedings against OM

(Case C-393/19)

Language of the case: Bulgarian

Referring court

Apelativen sad — Plovdiv

Party to the main proceedings

OM

Questions referred

Is Article 17(1) of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that a national provision such as that pursuant to Article 242(8) of the Nakazatelen kodeks (Criminal Code, ‘the NK’) of the Republic of Bulgaria, according to which a means of transport used to commit aggravated smuggling which belongs to a third person who neither knew nor could or should have known that its employee was committing the offence must be confiscated for the benefit of the State, is unlawful on the grounds that it undermines the fair balance between the public interest and the need to protect the right to property?

Is Article 47 of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that a national provision such as that pursuant to Article 242(8) of the NK, according to which a means of transport owned by a person who is not the person who committed the offence can be confiscated without the owner being guaranteed direct access to the courts to state its case, is unlawful?

____________