Case C-190/17: Judgment of the Court (First Chamber) of 31 May 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Lu Zheng v Ministerio de Economía y Competitividad (Reference for a preliminary ruling — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Scope — Article 63 TFEU — Free movement of capital — Third-country national transporting a significant amount of undeclared cash in his luggage — Obligation to declare the sum being taken out of Spanish territory — Penalties — Proportionality)
C2592018EN1110120180531EN0014111111
Judgment of the Court (First Chamber) of 31 May 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Lu Zheng v Ministerio de Economía y Competitividad
(Case C-190/17) ( 1 )
‛(Reference for a preliminary ruling — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Scope — Article 63 TFEU — Free movement of capital — Third-country national transporting a significant amount of undeclared cash in his luggage — Obligation to declare the sum being taken out of Spanish territory — Penalties — Proportionality)’2018/C 259/14Language of the case: Spanish
Referring court
Tribunal Superior de Justicia de Madrid
Parties to the main proceedings
Applicant: Lu Zheng
Defendant: Ministerio de Economía y Competitividad
Operative part of the judgment
Articles 63 and 65 TFEU must be interpreted to the effect that they preclude legislation of a Member State, such as that at issue in the main proceedings, which provides that the failure to comply with an obligation to declare significant sums of cash entering or leaving the territory of that State is punishable with a fine which may be up to double the undeclared amount.
( 1 ) OJ C 221, 10.7.2017.
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