Request for a preliminary ruling

Case no. 102/2021
Order made on 28 June 2022

The Prosecution Service
vs.
Nordania Finans A/S
and
A

On 5 April 2021, B, who is married to A, was charged with violation of the Danish Road Traffic Act for having driven at the speed of at least 103 km/h in an area with a speed limit of 50 km/h. In addition, the car was seized with a view to confiscation in accordance with Section 133a(2), second sentence, of the Road Traffic Act.

The car was owned by Nordania Finans A/S, which leased it to Volvo Car Denmark A/S, which further leased it to First Rent A Car A/S, part of Hertz Franchise, which loaned the car to A.

The seizure of the car was approved and upheld by both the District Court and the High Court.

The question to be considered by the Supreme Court was whether to refer a question for a preliminary ruling to the EU Court of Justice concerning the relationship between Section 133a(2), second sentence, of the Road Traffic Act, and Article 17 of the EU Charter of Fundamental Rights. The District Court and the High Court had both concluded that there were no grounds for doing so.

The Supreme Court held that the EU Court of Justice is generally competent to rule on questions as those described above, but that due to the Danish EU opt-out in the field of justice and home affairs (the JHA opt-out), it is not possible to refer a question for a preliminary ruling to the EU Court of Justice in the present case.