NODET v. FRANCE - 47342/14 (Judgment : Article 4 of Protocol No. 7 - Right not to be tried or punished twice-{general} : Fifth Section) French Text [2019] ECHR 444 (06 June 2019)

NODET v. FRANCE - 47342/14 (Judgment : Article 4 of Protocol No. 7 - Right not to be tried or punished twice-{general} : Fifth Section) French Text [2019] ECHR 444 (06 June 2019)

There was no sufficiently close material or temporal link between the administrative and criminal proceedings; both procedures pursued identical aims and facts, resulting in disproportionate prejudice to the applicant through double prosecution and punishment, violating Article 4 of Protocol No. 7.

Source-derived case information.

Citation
[2019] ECHR 444
Parties
Applicant: Antoine Nodet; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Ne Bis in Idem, Double Jeopardy, Market Manipulation, Administrative and Criminal Sanctions, Article 4 of Protocol No. 7
Human Rights Criminal Law Financial Regulation Ne Bis in Idem Double Jeopardy Market Manipulation Administrative and Criminal Sanctions Article 4 of Protocol No. 7

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Parties

Antoine Nodet

Applicant

Republic of France

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the applicant was subjected to double jeopardy contrary to Article 4 of Protocol No. 7
  2. 2 Whether administrative and criminal proceedings for the same facts violate the ne bis in idem principle

Ratio Decidendi

There was no sufficiently close material or temporal link between the administrative and criminal proceedings; both procedures pursued identical aims and facts, resulting in disproportionate prejudice to the applicant through double prosecution and punishment, violating Article 4 of Protocol No. 7.

Court Disposition

violation found

Orders

  • France to pay applicant 10,000 EUR for moral damages
  • France to pay applicant 20,000 EUR for costs and expenses