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CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines
On 20 March 2018, the CJEU rendered decisions in two cases that dealt with another aspect within the framework of the admissibility of the duplication of administrative and criminal penalties under EU law. The joined cases C-596/16 and C-597/16 (Enzo Di Puma and Antonio … Read more
Thomas Wahl
EU
Ne bis in idem
CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle
In a judgment of 20 March 2018 on the combination of administrative and criminal proceedings/penalties, the CJEU ruled that Art. 50 CFR precludes national legislation that allows an administrative proceeding imposing penalties of a criminal nature for unlawful conduct consisting in market manipulation for which … Read more
EU
Ne bis in idem
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible
In the case C-524/15, Luca Menci, the CJEU had to give guidance as to whether criminal proceedings against an individual – for the same act – can be brought after an administrative penalty was already imposed for not having paid high amounts of value … Read more
EU
European Court of Justice (ECJ)
Protection of Financial Interests
Ne bis in idem
CJEU Delivers Leading Judgments on Combination of Administrative and Criminal Penalties
On 20 March 2018, the CJEU delivered three judgments that addressed a fundamental question in relation to the ne bis in idem principle as set out in Article 50 CFR, namely whether it is possible to combine administrative and criminal proceedings/penalties.Art. 50 of the … Read more
EU
Ne bis in idem
European Data Protection Day – EU Enters Into New Era in 2018
28 January marks European Data Protection Day. In a joint statement in advance year’s (published on 26 January 2018), four Commissioners stressed that 2018 is going to be a landmark year for data protection in Europe. They mainly referred to the General Data Protection Regulation … Read more
EU
Data Protection
Commission Prepares for Effective Implementation of New EU Data Protection Legislation
25 May 2018 marks the date of the direct applicability of the General Data Protection Regulation (GDPR), two years after its adoption and entry into force. The GDPR will bring about a significant change in the data protection landscape of the EU, since it replaces … Read more
EU
Data Protection
Partial Success for Schrems’ Campaign Against Facebook
On 25 January 2018, the CJEU decided on the place of jurisdiction in a case of alleged privacy violations and the question of whether a class action is possible against social media companies (Case C-498/16).The background of the case is a lawsuit … Read more
EU
European Court of Justice (ECJ)
JHA Council Gives Guidance on Legislative Proposal for Interoperability
At its meeting on 8 March 2018, the Home Affairs Ministers of the EU Member States gave political guidance on the ongoing examination of the legislative proposals for establishing an interoperability framework between EU information systems.The initiative, consisting of two legislative proposals, was … Read more
EU
Law Enforcement Cooperation
Data Protection
Urban Security: Networks in the Fight Against Terrorism
On 8 March 2018, the Commission and the Committee of the Regions issued a joint statement at the EU Mayors’ Conference. The statement highlights the need for cooperation at all levels of government and with private stakeholders in the fight against global terrorism. Of particular … Read more
EU
Racism and Xenophobia
Terrorism
Commission Recommendation on the Handling of illegal Internet Content
In continuation of the Communication on “Tackling Illegal Content Online - Towards an enhanced responsibility of online platforms” (marked by the slogan: what is illegal offline is also illegal online), the Commission issued a Recommendation on 1 March 2018. It includes operational measures and … Read more
EU
Racism and Xenophobia
Commission Steps Forward to Tackle Illegal Content Online
At a meeting between five Commissioners and representatives of online platforms on 9 January 2018, the Commission analysed the bulk of EU measures in tackling the spread of illegal content online. The meeting was designed to discuss progress made on this topic. It also fostered … Read more
EU
Racism and Xenophobia
Application of Code of Conduct Countering Illegal Hate Speech Online Positive
On 19 January 2018, the Commission released the results of the third evaluation of the Code of Conduct on countering illegal online hate speech. The overall assessment is rather positive since, on average, IT companies removed 70% of all illegal hate speech notified to them … Read more
EU
Racism and Xenophobia
Public Consultation to Establish First Worldwide “Counterfeit and Piracy Watch List”
On 31 January 2018, the European Commission launched a survey that seeks input from stakeholders to identify online and physical marketplaces outside the EU where counterfeiting, piracy, or other forms of intellectual property abuse are common practice. The results of the stakeholder consultation are to … Read more
EU
Legislation
Counterfeiting & Piracy
JHA Council Adopts General Approach on New Law Combating Non-Cash Payment Fraud
At its meeting on 9 March 2018, the Justice Ministers of the EU Member States endorsed a general approach on new legislation regarding the fight against fraud and counterfeiting of non-cash means of payment. The proposal for a directive was tabled by the Commission on … Read more
EU
Non-Cash Means of Payment
Council Softens EU List of Tax Haven Countries
At its meeting on 23 January 2018, the Economic and Financial Council removed eight jurisdictions from the EU’s list of non-cooperative countries for tax purposes. The removal ensued because of commitments at a high political level that address certain EU concerns. The eight … Read more
EU
Money Laundering
Tax Evasion
EU and Norway Foster Administrative Cooperation to Combat VAT Fraud
On 6 February 2018, the Council and Norway signed an agreement designed to strengthen administrative cooperation in order to combat fraud and recover claims in the field of VAT.The main objective is to close a gap in control of the VAT chains used by … Read more
EU
Tax Evasion