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European Observer on fundamental right's respect

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Case Law C-115/17 (07/08/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 08/07/2018

Subject: The Court affirmed that the principle of the retroactive application of the more lenient criminal law, enshrined in the third sentence of Article¬†49 of the Charter of Fundamental Rights of the European Union, does not preclude a situation in which a person is convicted on the ground that he wrongfully obtained special export refunds provided for in Commission Regulation (EEC) No¬†1964/82, although, as a result of changes in those rules which occurred subsequent to the acts complained of, the goods that were exported by that person have since become eligible for those refunds

Parties: Clergeau e a.

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Favor rei