Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 20 December 2021 – Criminal proceedings against ZhU and RD

(Case C-805/21)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties to the main proceedings

ZhU and RD

Question referred

Is it compatible with Article 2(3) of Directive 2014/42 ¹ or, in the alternative, with the third indent of Article 1 of Framework Decision 2005/212 to interpret national law as meaning that a motor vehicle used to store large quantities of excise goods (cigarettes) without strip stamps does not constitute an instrumentality of crime?

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¹ Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).