Pretore di Salo v Persons unknown. (Preliminary Ruling ) [1987] EUECJ R-14/86 (11 June 1987)

Pretore di Salo v Persons unknown. (Preliminary Ruling ) [1987] EUECJ R-14/86 (11 June 1987)

Council Directive 78/659/EEC cannot, of itself and independently of a national law adopted by a Member State for its implementation, have the effect of determining or aggravating criminal liability of persons who act in contravention of its provisions.

Citation
[1987] EUECJ R-14/86
Parties
Accused: Persons Unknown; Referring Court: Pretore di Salò
Jurisdiction
European Union
Judgment Date
11 June 1987
Procedural Posture
Criminal Proceedings (preliminary Reference) / Preliminary Reference to the European Court of Justice Under Article 177 EEC Treaty
Outcome
Preliminary ruling issued; Directive 78/659/EEC cannot of itself determine or aggravate criminal liability.
Legal Topics
Interpretation of EU Directives, Direct Effect of Directives, Criminal Liability and EU Law, Water Protection, Implementation of EU Law
European Union Law Criminal Law Environmental Law Interpretation of EU Directives Direct Effect of Directives Criminal Liability and EU Law Water Protection Implementation of EU Law

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Parties

Persons Unknown

Accused

Pretore di Salò

Referring Court

Procedural Posture

Criminal Proceedings (preliminary Reference) / Preliminary Reference to the European Court of Justice Under Article 177 EEC Treaty

Legal Issues

  1. 1 Whether Council Directive 78/659/EEC can, of itself and independently of national law, determine or aggravate criminal liability for contravention of its provisions
  2. 2 Whether the Italian system for water protection is consistent with Directive 78/659/EEC
  3. 3 Admissibility of preliminary reference in criminal proceedings against persons unknown

Ratio Decidendi

Council Directive 78/659/EEC cannot, of itself and independently of a national law adopted by a Member State for its implementation, have the effect of determining or aggravating criminal liability of persons who act in contravention of its provisions.

Court Disposition

Preliminary ruling issued; Directive 78/659/EEC cannot of itself determine or aggravate criminal liability.

Orders

  • Council Directive 78/659/EEC cannot, of itself and independently of a national law adopted by a Member State for its implementation, have the effect of determining or aggravating the liability in criminal law of persons who act in contravention of the provisions of that directive.
  • Costs incurred by the Italian Government and the Commission are not recoverable; costs for the main proceedings are for the national court to decide.