Party

Criminal proceedings against HV

Type of proceeding

Reference for a preliminary ruling

Referring court

Sofiyski gradski sad

Questions referred:

1. Do judicial decisions in criminal proceedings by which, in the case of offences consisting of a breach of road traffic regulations and moderate bodily harm caused by negligence, the administrative sanction of suspension of the right to drive a vehicle for a specified period is imposed on the offender fall within the scope of Article 2(4) and Article 4(1)(d) of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions?
2. Do the provisions of Article 11(2) and the first to third subparagraphs of Article 11(4) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences constitute a basis for the Member State in which the holder of a driving licence issued by that State is habitually resident to refuse to recognise and enforce an administrative sanction, in the form of a temporary withdrawal of the right to drive a vehicle, imposed in another Member State for the offence of breaching road traffic regulations and negligently causing moderate bodily harm to another person, an offence committed at a time when the offender held a driving licence issued by the State of residence, for which the driving licence originally issued by the State of conviction had been exchanged?

Categories