PFENNING DISTRIBUTIE S.R.L. v. ROMANIA - 75882/13 (Judgment : No Right to a fair trial : Fourth Section Committee) French Text [2020] ECHR 683 (06 October 2020)

PFENNING DISTRIBUTIE S.R.L. v. ROMANIA - 75882/13 (Judgment : No Right to a fair trial : Fourth Section Committee) French Text [2020] ECHR 683 (06 October 2020)

The Court found no violation of Article 6 ECHR because the domestic court addressed the applicant's arguments and provided sufficient reasoning. However, it found a violation of Article 7 ECHR because the domestic court failed to apply the more lenient law retroactively, as required by both the Romanian Constitution...

Source-derived case information.

Citation
[2020] ECHR 683
Parties
Applicant: Pfenning Distributie S. R. L.; Respondent: Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by Fourth Section Committee
Outcome
Partial finding of violation
Legal Topics
Right to a Fair Trial, Retroactivity of the More Lenient Criminal Law, Non Bis in Idem, Administrative Penalties, Article 6 ECHR, Article 7 ECHR, Article 4 Protocol 7 ECHR
Human Rights Law Criminal Law Administrative Law Right to a Fair Trial Retroactivity of the More Lenient Criminal Law Non Bis in Idem Administrative Penalties Article 6 ECHR +2 more

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Parties

Pfenning Distributie S. R. L.

Applicant

Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by Fourth Section Committee

  1. 1 Whether the applicant was denied a fair trial under Article 6 ECHR
  2. 2 Whether the more lenient criminal law should have been applied retroactively under Article 7 ECHR
  3. 3 Whether there was a violation of the non bis in idem principle under Article 4 Protocol 7 ECHR

Ratio Decidendi

The Court found no violation of Article 6 ECHR because the domestic court addressed the applicant's arguments and provided sufficient reasoning. However, it found a violation of Article 7 ECHR because the domestic court failed to apply the more lenient law retroactively, as required by both the Romanian Constitution and the Convention. The Court rejected the Article 4 Protocol 7 ECHR claim, finding the two infractions were not identical or substantially the same, as they occurred on different dates and were not continuous.

Court Disposition

Partial finding of violation

Orders

  • Grievances under Articles 6 and 7 ECHR declared admissible; remainder inadmissible.
  • No violation of Article 6 ECHR.