Berlusconi (Law relating to undertakings) [2005] EUECJ C-387/02 (03 May 2005)

Berlusconi (Law relating to undertakings) [2005] EUECJ C-387/02 (03 May 2005)

First Companies Directive 68/151/EEC cannot be relied on as such against accused persons by Member State authorities in criminal proceedings, as a directive cannot, of itself and independently of national implementing legislation, have the effect of determining or increasing the criminal liability of those accused persons.

Citation
[2005] EUECJ C-387/02
Parties
Accused: Mr Berlusconi; Accused: Mr Adelchi; Accused: Mr Dell'Utri; Accused: Mr Luzi; Accused: Mr Comincioli; Company: Fininvest SpA; Company: Nuova Adelchi Srl; Company: Calzaturificio Adelchi Srl
Jurisdiction
European Union
Judgment Date
03 May 2005
Procedural Posture
Preliminary Ruling (joined Cases C 387/02, C 391/02, C 403/02) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling: First Companies Directive cannot be relied on as such against accused persons in criminal proceedings to determine or increase criminal liability.
Legal Topics
Direct Effect of Directives, False Accounting, Criminal Liability, Retroactive Application of More Lenient Penalty, Publication and Accuracy of Company Accounts, Appropriate Penalties for Company Law Offences
European Union Law Criminal Law Company Law Direct Effect of Directives False Accounting Criminal Liability Retroactive Application of More Lenient Penalty Publication and Accuracy of Company Accounts +1 more

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Parties

Mr Berlusconi

Accused

Mr Adelchi

Accused

Mr Dell'Utri

Accused

Mr Luzi

Accused

Mr Comincioli

Accused

Fininvest SpA

Company

Nuova Adelchi Srl

Company

Calzaturificio Adelchi Srl

Company

Procedural Posture

Preliminary Ruling (joined Cases C 387/02, C 391/02, C 403/02) / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether Article 6 of First Companies Directive requires penalties for false as well as non-disclosure of company accounts
  2. 2 Whether EU law precludes national law setting thresholds below which false accounting is not punishable
  3. 3 Whether more lenient criminal provisions must be applied retroactively even if incompatible with EU law

Ratio Decidendi

First Companies Directive 68/151/EEC cannot be relied on as such against accused persons by Member State authorities in criminal proceedings, as a directive cannot, of itself and independently of national implementing legislation, have the effect of determining or increasing the criminal liability of those accused persons.

Court Disposition

Preliminary ruling: First Companies Directive cannot be relied on as such against accused persons in criminal proceedings to determine or increase criminal liability.