#62025CJ0326EU Court says vehicle holders must be heard before SIS-seized cars are sent abroad
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This judgment strengthens the right to be heard when police seize a vehicle because another Schengen country has placed an alert on it in the Schengen Information System. A Member State cannot automatically block the person who possessed or claims ownership of the vehicle from taking part in the procedure that decides whether the vehicle will be handed over to the country that issued the alert. The ruling matters for vehicle owners, buyers, leasing firms, insurers, police authorities and courts handling cross-border seizure cases. National rules must allow affected people to challenge or participate in the surrender process, especially where their property rights may be affected.
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Key Changes
- People who possess or claim ownership of a SIS-alerted vehicle must not be automatically excluded from the surrender procedure.
- National procedures must respect fundamental rights when deciding whether to send seized property to another Member State.
- Police and courts handling SIS vehicle alerts may need to give affected parties a practical route to participate or challenge the decision.
Obligations
What this law requires
EU law precludes national rules that automatically prevent the person who possessed or claims ownership of a vehicle subject to a Schengen Information System alert from participating in the administrative or judicial procedure deciding whether that vehicle will be surrendered to the Member State that issued the alert.
When deciding on surrender of a vehicle seized because of a Schengen Information System alert for seizure or use as evidence in criminal proceedings, national authorities must ensure that affected persons whose property rights may be impaired have an opportunity to be heard or to participate effectively in the procedure.
The challenged Bulgarian national measure excluded the registered owner or possessor of a vehicle subject to a Schengen Information System alert from participating in the procedure for surrendering the vehicle to the issuing Member State; the judgment treats that exclusion as incompatible with EU fundamental-rights protections.