Notice for the OJ

 

JUDGMENT OF THE COURT

(Grand Chamber)

of 3 May 2005

in Joined Cases C-387/02, C-391/02 and C-403/02: References for preliminary rulings from the Tribunale di Milano and the Corte d'appello di Lecce in the criminal proceedings againstSilvio Berlusconi, Sergio Adelchi, Marcello Dell'Utri and Others ¹

(Company law - Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) - First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC - Annual accounts - Principle of a true and fair view - Penalties provided for in cases of false information on companies (false accounting) - Article 6 of First Directive 68/151 - Requirement that penalties for breaches of Community law be appropriate)

(Language of the cases: Italian)

In Joined Cases C-387/02, C-391/02 and C-403/02: references for preliminary rulings under Article 234 EC from the Tribunale di Milano (C-387/02 and C-403/02) and the Corte d'appello di Lecce (C-391/02) (Italy), made by decisions of 26 October 2002, 29 October 2002 and 7 October 2002, received at the Court on 28 October 2002, 12 November 2002 and 8 November 2002 respectively, in the criminal proceedings against Silvio Berlusconi (C-387/02), Sergio Adelchi (C-391/02), Marcello Dell'Utri and Others (C-403/02) - the Court (Grand Chamber), composed of V. Skouris, President of the Chamber, P. Jann, C.W.A. Timmermans (Rapporteur), A. Rosas and A. Borg Barthet, Presidents of Chambers, J.-P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr, M. Ilešič, J. Malenovský, U. Lõhmus and E. Levits, Judges; J. Kokott, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 3 May 2005, the operative part of which is as follows:

In a situation such as that in issue in the main proceedings, First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community, cannot be relied on as such against accused persons by the authorities of a Member State within the context of criminal proceedings, in view of the fact that a directive cannot, of itself and independently of national legislation adopted by a Member State for its implementation, have the effect of determining or increasing the criminal liability of those accused persons.

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¹ - OJ C 19 of 25.01.2003.