Enzo Di Puma*
Pending case. Request for a preliminary ruling from the Corte suprema di Cassazione (Italy) lodged on 23 November 2016. See also, for the same request, Antonio Zecca.
1. Is Article 50 of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that, when a court has delivered a final judgment finding a defendant not to have committed the criminal offence alleged, this precludes the initiation or prosecution of further proceedings based on the same facts with a view to the imposition of penalties which, on account of their nature and severity, may be regarded as criminal penalties, without it being necessary for the national court to make any further assessment?
2. In assessing the effectiveness, proportionality and dissuasiveness of penalties, in the context of determining whether there has been a breach of the principle ne bis in idem referred to in Article 50 of the Charter of Fundamental Rights of the European Union, must the national court take into account the limits for sanctions laid down in Directive 2014/57/EU on criminal sanctions for market abuse?
Source: Official Journal of the European Union, 27.2.2017, C-63/14.
Case Number C-596/16
Name of the parties Enzo Di Puma v Commissione Nazionale per le Società e la Borsa (Consob)
Date of the judgement 2016-11-23
Court Court of Justice (ECJ)