Case C-722/22, Sofiyski gradski sad, Judgment of the Court of 25 January 2024 (Eighth Chamber)

Clarifications of the concept of “instrumentality”

under Article 2(1) of Framework Decision

2002/212/JHA on Confiscation of Crime-Related

Proceeds, Instrumentalities and Property – vehicle

used to transport excise goods without a tax

marking in breach of the law constitutes an

“instrumentality” of a criminal offence falling

within the scope of that Framework Decision

irrespective of whether that vehicle is used as a

means of transportation or as a means of holding

or storing the products which are the subject of the

criminal offence concerned; Clarifications as for

the safeguards for the persons affected by

confiscation; Duty of national courts to interpret

national law in conformity with EU law and its

limits – principles of certainty and nonretroactivity.