Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/22/2022

Subject: According to the Court, the protection conferred by the Charter of Fundamental Rights of the European Union does not, in view of that possible limitation of the application of the non bis in idem principle, preclude an undertaking from being penalised for an infringement of competition law where, on the same facts, it has already been the subject of a final decision for failure to comply with sectoral rules (for example, the postal sector rules governing the activities of bpost). That duplication of proceedings and penalties is, however, subject to there being clear and precise rules that make it possible to predict which acts or omissions are liable to be subject to such duplication, and also to predict that there will be coordination between the two competent authorities. Furthermore, the two sets of proceedings must have been conducted in a sufficiently coordinated manner within a proximate timeframe and the overall penalties imposed must correspond to the seriousness of the offences committed. If that is not the case, the second public authority involved infringes the prohibition against double jeopardy by instituting proceedings

Parties: bpost

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

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