UY - Staatsanwaltschaft Offenburg*
Request for a preliminary ruling from the Amtsgericht Kehl (Local Court, Kehl, Germany)).
On 16 January 2020, Advocate General Bobek delivered his Opinion in Case C-615/18, where he argued as follows:
Article 6 of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings does not preclude national legislation according to which a penalty order issued against a person not resident in that Member State acquires the force of res judicata after service on a person authorised to accept service, even where the accused person has not been made aware of the order, provided that the accused person: (i) is properly served with the order once he or she becomes aware of it, and has his or her position fully restored to the status quo ante, and (ii) may not be held criminally liable for not complying with the measures imposed in the order, based on the fact that he or she did not make attempts to learn about the outcome of the prior proceedings from the person authorised to accept service.
Case Number C-615/18
Name of the parties UY - Staatsanwaltschaft Offenburg
Date of the judgement 2020-01-16
Court Court of Justice of the European Union (CJEU)