The execution of financial penalties imposed based on vehicle registration data, a commentary on the CJEU judgment C-671/18 in the case Centraal Justitieel Incassobureau

This article comments on the 5th of December 2019 CJEU judgment in the case C-671/18, where the Court resolved doubts as to whether, in accordance with EU law, it is possible to impose a financial penalty for a road traffic offence on a person designated on the basis of a legal presumption as the owner of a car by the register of vehicles of another Member State. This judgment was based on the provisions of Article 7(2)(g) and Article 20(3) of the Council Framework Decision, 2005/214/JHA, of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. The Court concluded that a financial penalty issued in another Member State should be executed, even if the person sentenced (punished) presents a certificate demonstrating that he or she was not the owner of the vehicle. In the text below the consequences of this attitude will be presented, as well as both the negative and positive arguments as to the way of reasoning of the Court.