Centraal Justitieel Incassobureau, Ministerie van Veiligheid en Justitie (CJIB)*
Request for a preliminary ruling from the Sąd Rejonowy Gdańsk-Południe w Gdańsku (District Court for Gdańsk-South, Gdańsk), Poland
On 12 November 2019, Advocate General Pikamäe delivered his Opinion, where he concludes as follows:
1. The provisions of Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that a decision transmitted for execution which imposes a financial penalty on a legal person must be executed by the executing Member State even if the national provisions implementing that framework decision do not provide for the possibility of executing a decision which imposes such a penalty on a legal person. In order to do so, since the provisions of that framework decision do not enjoy direct effect, the competent executing State authority must have regard to the whole body of domestic law and apply the methods of interpretation recognised by that law with a view to interpreting the national provisions, so far as is possible, in the light of the wording and the purpose of that framework decision.
2. The provisions of Framework Decision 2005/214, as amended by Framework Decision 2009/299, must be interpreted as meaning that the concept of ‘legal person’ is not an autonomous concept of EU law, but must be interpreted in the light of the law of the issuing Member State. The concept of ‘legal person’ within the meaning of that framework decision includes an entity without legal personality such as the entity at issue in the main proceedings, provided that entity forms a single organisational unit with an entity that does have legal personality.
Case Number C-183/18
Name of the parties Centraal Justitieel Incassobureau, Ministerie van Veiligheid en Justitie (CJIB) v Bank BGŻ BNP Paribas S.A. w Gdańsku
Date of the judgement 2019-11-12
Court Court of Justice of the European Union (CJEU)