12 okt 2022
Højesteret
Seizure of car from leasing company due to reckless driving was lawful
Seizure of car from leasing company due to reckless driving was lawful and not in contravention of EU law or the European Convention of Human Rights
Case no. 102/2021
Order made on 12 October 2022
The Prosecution Service
vs.
A
T had been charged with reckless driving for having driven at a speed of 103 km/h in a 50 km/h zone. His car had been seized with a view to confiscation.
The car driven by T was owned by company A which had leased the car to company B, after which the car was made available to T’s spouse C. C had lent the car to T on the night in question.
The Supreme Court stated that the car could be seized under the provisions of the Danish Administration of Justice Act and the Danish Road Traffic Act, and that neither the Danish third-party confiscation scheme in general nor the seizure of the car in this specific case was in contravention of the provi-sions on the right to property in Article 17(1) of the EU Charter of Fundamental Rights or Article 1 of Protocol No. 1 to the European Convention on Human Rights.
In its assessment, the Supreme Court gave importance to the fact that T had explained that it would not be impossible for him to pay compensation to company A corresponding to the value of the car if it were confiscated.
In addition, the Supreme Court found no basis for returning the car to company A against payment of security.
The High Court had reached the same conclusion.