A&V in NZV: Note on the ECJ Judgement on Cross-border Enforcement of Fines
- 14. January 2022
- Posted by: Ahlers & Vogel
- Category: Shipping and Transport Law
In its decision, the ECJ underlines the objective of the Framework Decision, namely to ensure the cross-border recovery of fines across EU borders. This ECJ draws a parallel between the enforcement of civil court judgments and the enforcement of fines.
comment on ECJ, decision of 6.10.2021 – C-136/20, NZV 2021, S. 632 [Weiterleitung zu beck-online]
Dr. Tobias Eckardt shows, that an instrument for the effective enforcement of the fine in the Member States thus exists. There is therefore no longer any room for security deposits according to § 132 of the German Code of Criminal Procedure, which continue to be demanded from EU citizens – especially in the cases of road traffic offences. This is because such a security deposit constitutes discrimination that is contrary to EU law.
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