According to a judgment of the Court of Justice delivered on Thursday 5 December (Case C-671/18), the competent authority of the enforcing State cannot refuse to recognise and enforce a fine for a road traffic offence imposed on the person in whose name the vehicle is registered, provided that such a presumption of liability can be rebutted.
On 9 November 2017, Z.P. was fined 232 euros for a traffic offence in the Netherlands. This offence was committed by the driver of a vehicle registered in his name in Poland. By a letter dated 24 May 2018, the Dutch Central Office of Judicial Recovery of Debts referred the matter to the District Court of Chełmno (Poland). It requested recognition and enforcement of the decision of 9 November 2017 on the basis of the EU framework decision. The Polish judge decided to ask the Court of Justice whether, first of all, Z.P. had the opportunity to bring the case before a court and whether, therefore, there are grounds for refusing to enforce the decision of 9 November 2017.
In its judgment, the Court notes that it is for the Polish judge to ascertain that the person could have become aware of the decision imposing a financial penalty and had sufficient time to prepare their defence. If this is the case, the Polish competent authority is required to recognise the decision imposing the fine.
The Court further clarifies that the fact that the fine is of an administrative nature does not affect the obligations of the competent authorities of the enforcing Member State, if the person concerned has had the opportunity to challenge it before a court.
Finally, as regards the question whether the recognition and enforcement of a decision imposing a fine may be refused on the ground that the fine was imposed on the person in whose name the vehicle in question is registered, the Court responds with a negative answer. (Original version in French by Lionel Changeur)