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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)


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