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Luca Menci*

Pending case. Request for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 1 October 2015.

Question referred:

Does Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the related case-law of the European Court of Human Rights, preclude the possibility of conducting criminal proceedings concerning an act (non-payment of VAT) for which a definitive administrative penalty has been imposed on the defendant?

The case was joined with C-217/15, Criminal proceedings against Massimo Orsi, and C-350/15, Criminal proceedings against Luciano Baldetti. On 12 July 2016, the Court decided to refer those cases to the Fourth Chamber. The hearing took place on 8 September 2016.

Before delivery of the Opinion, Case C‑524/15 (Menci) was disjoined from Cases C‑217/15 and C‑350/15 by decision of the President of the Fourth Chamber of the Court of 30 November 2016. In view of the importance of the questions raised by the judgment of the Grand Chamber of the European Court of Human Rights in case A and B v. Norway (15 November 2016) with regard to the interpretation of Article 50 of the Charter, on 30 November 2016 the Fourth Chamber of the Court decided to refer the case to the Court, which reassigned it to the Grand Chamber. Therefore, the oral procedure has been reopened by order of 25 January 2017.


Case Number C-524/15

Name of the parties Criminal proceedings against Luca Menci

Date of the judgement 2017-01-25

Court Court of Justice (ECJ)

Link http://curia.europa.eu/juris/documents.jsf?pro=&lgrec=en&nat=or&oqp=&lg=&dates=&language=en&jur=C%2CT%2CF&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&num=C-524%252F15&td=%3BALL&pcs=Oor&av