Berlusconi and others
The authorities of a Member State may not, in criminal proceedings relating to false accounting, rely on a directive as such against an accused person.
A directive cannot – by itself and independently of national legislation adopted by a member state for purposes of its application – have the effect of determining or increasing the criminal liability of an accused person.
Case Number Joined Cases C-387/02, C-391/02 and C-403/02
Name of the parties Criminal proceedings against Silvio Berlusconi (C-387/02), Sergio Adelchi (C-391/02) and Marcello Dell'Utri and Others (C-403/02).
Date of the judgement 2005-05-03
Court Court of Justice of the European Communities (ECEJ)