Berlusconi (Law relating to undertakings) [2005] EUECJ C-391/02 (03 May 2005)

Berlusconi (Law relating to undertakings) [2005] EUECJ C-391/02 (03 May 2005)

First Council Directive 68/151/EEC cannot be relied on as such against accused persons by the authorities of a Member State within the context of criminal proceedings, because a directive cannot, of itself and independently of national legislation adopted by a Member State for its implementation, have the effect of determining or increasing the criminal liability of those accused persons.

Citation
[2005] EUECJ C-391/02
Parties
Accused: Mr Berlusconi; Accused: Mr Adelchi; Accused: Mr Dell'Utri; Accused: Mr Luzi; Accused: Mr Comincioli; Companies Involved: Fininvest SpA and other companies in the Fininvest group; Company Involved: Nuova Adelchi Srl; Company Involved: 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
Effect of Directives in Criminal Proceedings, False Accounting, Company Disclosure Obligations, Retroactive Application of More Lenient Criminal Law, Appropriate Penalties Under EU Law
European Union Law Criminal Law Company Law Effect of Directives in Criminal Proceedings False Accounting Company Disclosure Obligations Retroactive Application of More Lenient Criminal Law Appropriate Penalties Under EU Law

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Parties

Mr Berlusconi

Accused

Mr Adelchi

Accused

Mr Dell'Utri

Accused

Mr Luzi

Accused

Mr Comincioli

Accused

Fininvest SpA and other companies in the Fininvest group

Companies Involved

Nuova Adelchi Srl

Company Involved

Calzaturificio Adelchi Srl

Company Involved

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 laws that set thresholds below which false accounting is not punishable
  3. 3 Whether more lenient criminal penalties must be applied retroactively even if incompatible with EU law

Ratio Decidendi

First Council Directive 68/151/EEC cannot be relied on as such against accused persons by the authorities of a Member State within the context of criminal proceedings, because a directive cannot, of itself and independently of national legislation adopted by a Member State for its implementation, 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.