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