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Financial Penalties
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CJEU: Dutch Appeal System in Line with FD 2005/214
5 August 2022
Thomas Wahl
On 7 April 2022, the CJEU decided on the compatibility of the Dutch procedure to impose fines in respect of a criminal offence with Framework Decision (FD) 2005/214 on the application of the principle of mutual recognition to financial penalties.
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EU
Financial Penalties
CJEU: Hungarian Court Must Enforce Austrian Fine for Refusal to Name Driver
26 October 2021
Thomas Wahl
In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined.
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EU
Financial Penalties
Judicial Cooperation
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CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty
26 October 2021
(updated 11 months, 2 weeks ago)
Thomas Wahl
in Issue
3/2021
On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands.
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EU
Fundamental Rights
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CJEU Rules on Union-wide Enforcement of Fines against Legal Persons
4 May 2020
Thomas Wahl
After its judgment on the interpretation of the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA) of 5 December 2019 (see eucrim 4/2019, p. pp. 246-247), the CJEU delivered another important judgment on the …
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EU
Court of Justice of the European Union (CJEU)
Financial Penalties
CJEU: No Loopholes against Enforcement of Foreign Fines
22 February 2020
(updated 6 years, 6 months ago)
Thomas Wahl
On 5 December 2019, the CJEU published an important judgment on the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA). In the case at issue (C-671/18), which was referred to the CJEU by a Polish …
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EU
Financial Penalties