Criminal proceedings against Paul Vandevenne, Marc Wilms, Jozef Mesotten and Wilms Transport NV. (Transport) [1991] EUECJ C-7/90 (2 October 1991)

Criminal proceedings against Paul Vandevenne, Marc Wilms, Jozef Mesotten and Wilms Transport NV. (Transport) [1991] EUECJ C-7/90 (2 October 1991)

Article 15 of Regulation (EEC) No 3820/85 refers to any autonomous natural or legal person empowered to organize and control transport work, regardless of legal form. EU law does not require Member States to introduce criminal liability of legal persons or strict liability for undertakings, but does not preclude...

Source-derived case information.

Citation
[1991] EUECJ C-7/90
Parties
Defendant: Mr Vandevenne; Defendant: Mr Wilms; Defendant: Mr Mesotten; Civilly Liable Party: Wilms Transport
Jurisdiction
European Union
Judgment Date
02 October 1991
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Politierechtbank Te Hasselt
Outcome
Preliminary ruling issued; interpretation of EU law provided to referring court.
Legal Topics
Interpretation of Regulation (eec) No 3820/85 Article 15, Criminal Liability of Legal Persons, Obligations of Transport Undertakings, National Implementation of EU Law
European Union Law Criminal Law Transport Law Interpretation of Regulation (eec) No 3820/85 Article 15 Criminal Liability of Legal Persons Obligations of Transport Undertakings National Implementation of EU Law

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Parties

Mr Vandevenne

Defendant

Mr Wilms

Defendant

Mr Mesotten

Defendant

Wilms Transport

Civilly Liable Party

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Reference for Preliminary Ruling From Politierechtbank Te Hasselt

Legal Issues

  1. 1 Meaning of 'undertaking' in Article 15 of Regulation (EEC) No 3820/85
  2. 2 Requirement for criminal liability of legal persons under EU law
  3. 3 Nature of obligations imposed on undertakings by Article 15

Ratio Decidendi

Article 15 of Regulation (EEC) No 3820/85 refers to any autonomous natural or legal person empowered to organize and control transport work, regardless of legal form. EU law does not require Member States to introduce criminal liability of legal persons or strict liability for undertakings, but does not preclude them from doing so, provided penalties are effective, proportionate, and dissuasive.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to referring court.

Orders

  • The term 'undertaking' in Article 15 of Regulation (EEC) No 3820/85 refers to an autonomous natural or legal person, irrespective of legal form, regularly carrying on a transport business, and empowered to organize and control the work of drivers and crew members.
  • Neither Article 5 of the EEC Treaty nor Article 17(1) of Regulation No 3820/85 requires a Member State to introduce into its national law the principle of the criminal liability of legal persons. Infringements of Article 15 may be restrained by national law provided penalties are effective, proportionate, and...