Criminal proceedings against Sandro Gallotti, Roberto Censi, Giuseppe Salmaggi, Salvatore Pasquire, Massimo Zappone, Francesco Segna and others, Cesare Cervetti, Mario Gasbarri, Isidoro Narducci and Fulvio Smaldone. (Preliminary rulings) [1996] EUECJ C-58/95 (12 September 1996)

Criminal proceedings against Sandro Gallotti, Roberto Censi, Giuseppe Salmaggi, Salvatore Pasquire, Massimo Zappone, Francesco Segna and others, Cesare Cervetti, Mario Gasbarri, Isidoro Narducci and Fulvio Smaldone. (Preliminary rulings) [1996] EUECJ C-58/95 (12 September 1996)

Article 5 and the third paragraph of Article 189 of the EC Treaty do not preclude a Member State from imposing criminal penalties to ensure compliance with Directive 91/156/EEC, provided such penalties are analogous to those for similar national offences and are effective, proportionate, and dissuasive.

Citation
[1996] EUECJ C-58/95
Parties
Referring Court: Pretura Circondariale di Roma; Defendants: Various accused persons (unnamed)
Jurisdiction
European Union
Judgment Date
12 September 1996
Procedural Posture
Preliminary Ruling (ecj) / Reference for Preliminary Ruling Under Article 177 EC Treaty
Outcome
Preliminary ruling: Member States may impose criminal penalties for breaches of national legislation implementing Directive 91/156/EEC, subject to conditions of analogy, effectiveness, proportionality, and dissuasiveness.
Legal Topics
Implementation of EU Directives, Waste Management, Criminal Penalties for Environmental Offences, Member State Obligations
European Union Law Environmental Law Criminal Law Implementation of EU Directives Waste Management Criminal Penalties for Environmental Offences Member State Obligations

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Parties

Pretura Circondariale di Roma

Referring Court

Various accused persons (unnamed)

Defendants

Procedural Posture

Preliminary Ruling (ecj) / Reference for Preliminary Ruling Under Article 177 EC Treaty

Legal Issues

  1. 1 Whether Directive 91/156/EEC precludes Member States from imposing criminal penalties for breaches of national legislation implementing the directive
  2. 2 Consequences of failure by a Member State to implement Directive 91/156/EEC within the prescribed time-limit

Ratio Decidendi

Article 5 and the third paragraph of Article 189 of the EC Treaty do not preclude a Member State from imposing criminal penalties to ensure compliance with Directive 91/156/EEC, provided such penalties are analogous to those for similar national offences and are effective, proportionate, and dissuasive.

Court Disposition

Preliminary ruling: Member States may impose criminal penalties for breaches of national legislation implementing Directive 91/156/EEC, subject to conditions of analogy, effectiveness, proportionality, and dissuasiveness.

Orders

  • Article 5 and the third paragraph of Article 189 of the EC Treaty must be interpreted as not precluding a Member State from imposing criminal penalties to ensure compliance with the obligations laid down by Council Directive 91/156/EEC, provided that those penalties are analogous to those applicable to infringements...