Type: Opinios of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/02/2021

Subject: The Advocate General proposed to reply to the Belgian court that the principle ne bis in idem enshrined in the Charter does not preclude the competent administrative authority of a Member State from imposing a fine for the infringement of EU and national competition law where the same person has already been finally acquitted in a previous proceedings conducted by the national postal regulator for an alleged infringement of postal legislation, provided that, in general, the subsequent set of proceedings are different either as to the identity of the offender, or as to the relevant facts, or as to the protected legal interest the safeguarding of which the respective legislative instruments at issue in the respective proceedings pursue. The Avdocate General proposed a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights. That test should rely on a threefold identity: of the offender; of the relevant facts; and of the protected legal interest

Parties: bpost

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

Text