Criminal proceedings against Italo Bullo and Francesco Bonivento. [1987] EUECJ R-166/85 (7 April 1987)

Criminal proceedings against Italo Bullo and Francesco Bonivento. [1987] EUECJ R-166/85 (7 April 1987)

The classification of employees of credit institutions as 'public officials' or 'persons responsible for a public service' for the purposes of national criminal law is not contrary to the provisions or the objective of Directive 77/780/EEC, as the directive does not regulate the criminal liability or legal status of such employees and does not preclude member states from applying their domestic law in this regard, provided there is no discrimination or restriction on free access to banking business.

Citation
[1987] EUECJ R-166/85
Parties
Accused: Mr Bullo; Accused: Mr Bonivento; Credit Institution: Banca Agricola Popolare
Jurisdiction
European Union
Judgment Date
07 April 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Appellate Court
Outcome
Reference answered; classification not contrary to Directive 77/780/EEC.
Legal Topics
Interpretation of Directive 77/780/eec, Status of Credit Institution Employees Under National Criminal Law, Compatibility of National Law With EU Directives
European Union Law Criminal Law Banking Law Interpretation of Directive 77/780/eec Status of Credit Institution Employees Under National Criminal Law Compatibility of National Law With EU Directives

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Parties

Mr Bullo

Accused

Mr Bonivento

Accused

Banca Agricola Popolare

Credit Institution

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From National Appellate Court

Legal Issues

  1. 1 Whether classifying employees of credit institutions as 'public officials' or 'persons responsible for a public service' under national criminal law is contrary to Directive 77/780/EEC

Ratio Decidendi

The classification of employees of credit institutions as 'public officials' or 'persons responsible for a public service' for the purposes of national criminal law is not contrary to the provisions or the objective of Directive 77/780/EEC, as the directive does not regulate the criminal liability or legal status of such employees and does not preclude member states from applying their domestic law in this regard, provided there is no discrimination or restriction on free access to banking business.

Court Disposition

Reference answered; classification not contrary to Directive 77/780/EEC.

Orders

  • The classification of employees of credit institutions as 'public officials' or as 'persons responsible for a public service' for the purposes of the application of the criminal law of a member state is not contrary to the provisions or the objective of Directive 77/780.