Type: Opinios of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/02/2021

Subject: 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. Accordin to the Advocate General, whether EU competition law and national competition law protect the same legal interest must be established by examining the specific rules applied. That involves the assessment of whether the national rules at issue depart from the EU ones. Where the competition authorities of two Member States apply the EU ban on restrictive agreements and the corresponding provision of national competition law, then they protect the same legal interest

Parties: Nordzucker e a.

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

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