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Case C-230/25

Case Information Subject Matter Stage of Proceedings
C-230/25
Party

Appellant and defendant: NE

Type of proceeding
Reference for a preliminary ruling
Referring court

Apelativen sad – Sofia (Bulgaria)

The Bulgarian Court of Appeal of Sofia seeks clarification on several aspects of EU law related to fair trial rights, legal aid, and the right to be present at trial in criminal proceedings. The case involves a defendant who did not attend the trial for fear of detention in unrelated proceedings and later requested a full repetition of witness hearings. The referring court raises doubts about:

  • Whether a court can be considered impartial if it is simultaneously the defendant in related civil compensation proceedings
  • How to assess a defendant’s waiver of trial presence
  • Whether repeat questioning of witnesses is required after in absentia proceedings
  • Whether legal aid rules apply equally to all detained persons, regardless of financial means
  • And whether national rules that force repayment of legal aid costs without a means test are compatible with EU law.
Request