Cirotti (Free movement of persons) [1997] EUECJ C-144/96 (02 October 1997)

Cirotti (Free movement of persons) [1997] EUECJ C-144/96 (02 October 1997)

The Court held that Article 3(1) of Directive 64/221/EEC precludes a Member State from convicting in absentia a national of another Member State without proof that the person was informed in sufficient time of the date and place of the hearing and of the consequences of non-appearance.

Citation
[1997] EUECJ C-144/96
Parties
Applicant: Cirotti
Jurisdiction
European Union
Judgment Date
02 October 1997
Procedural Posture
Preliminary Ruling / Judgment
Outcome
preliminary ruling issued
Legal Topics
Free Movement of Persons, Criminal Procedure, Rights of Defence
European Union Law Free Movement of Persons Criminal Procedure Rights of Defence

Case Brief

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Parties

Cirotti

Applicant

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Article 3(1) of Directive 64/221/EEC precludes a Member State from convicting a national of another Member State in absentia without informing him of the date and place of the hearing

Ratio Decidendi

The Court held that Article 3(1) of Directive 64/221/EEC precludes a Member State from convicting in absentia a national of another Member State without proof that the person was informed in sufficient time of the date and place of the hearing and of the consequences of non-appearance.

Court Disposition

preliminary ruling issued

Orders

  • Article 3(1) of Directive 64/221/EEC precludes a Member State from convicting in absentia a national of another Member State without proof of timely notification of the hearing and its consequences.