• Σχόλιο του χρήστη 'Tom Arnold' | 2 Σεπτεμβρίου 2020, 10:03

    In the Åkerberg Fransson case, the CJEU ruled that 'the ne bis in idem principle laid down in Article 50 of the Charter does not preclude a Member State from imposing successively, for the same acts of non-compliance with declaration obligations in the field of VAT, a tax penalty and a criminal penalty in so far as the first penalty is not criminal in nature, a matter which is for the national court to determine'. According to the CJEU, the main element to be taken into account to respect the ne bis in idem principle, is the fact that the administrative sanction should not be of a criminal nature, i.e. the administrative sanction should be only of a compensatory nature, and not a punitive one.