Language of document :

Request for a preliminary ruling from the Okrazhen sad Burgas (Bulgaria) lodged on 31 March 2021 – Criminal proceedings against ‘DELTA STROY 2003’ EOOD

(Case C-203/21)

Language of the case: Bulgarian

Referring court

Okrazhen sad Burgas

Party to the main proceedings

‘DELTA STROY 2003’ EOOD

Questions referred

Are Articles 4 and 5 of Framework Decision 2005/212/JHA and Article 49 of the Charter of Fundamental Rights of the European Union to be interpreted as permitting legislation of a Member State under which, in proceedings such as those in the main proceedings, the national court may impose a penalty on a legal person for a specific criminal offence the commission of which has not yet been established because it is the subject of parallel criminal proceedings which have not been definitively concluded?

Are Articles 4 and 5 of Framework Decision 2005/212/JHA and Article 49 of the Charter of Fundamental Rights of the European Union to be interpreted as permitting legislation of a Member State under which, in proceedings such as those in the main proceedings, the national court may impose a penalty on a legal person by fixing the amount of that penalty at the amount of the proceeds which would have been obtained from a specific criminal offence the commission of which has not yet been established because it is the subject of parallel criminal proceedings which have not been definitively concluded?

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