CJEU Joined Cases C-58/95, C-75/95, C-112/95, C-119/95, C-123/95, C-135/95, C-140/95, C-141/95, C-154/95 and C-157/95 / Judgment

Criminal proceedings against Sandro Gallotti, Roberto Censi, Giuseppe Salmaggi, Salvatore Pasquire, Massimo Zappone, Francesco Segna and others, Cesare Cervetti, Mario Gasbarri, Isidoro Narducci and Fulvio Smaldone.
Deciding body type
Court of Justice of the European Union
Deciding body
Court (First Chamber)
Type
Decision
Decision date
12/06/1996
ECLI (European case law identifier)
ECLI:EU:C:1996:323

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

 

  • CJEU Joined Cases C-58/95, C-75/95, C-112/95, C-119/95, C-123/95, C-135/95, C-140/95, C-141/95, C-154/95 and C-157/95 / Judgment

    Key facts of the case:

     Reference for a preliminary ruling: Pretura circondariale di Roma - Italy

    Outcome of the case:

    On those grounds, THE COURT (First Chamber) in answer to the questions referred to it by the Pretura Circondariale di Roma by orders made between 26 October 1994 and 4 April 1995, hereby rules:

    Article 5 and the third paragraph of Article 189 of the EC Treaty must be interpreted as not precluding a Member State from imposing criminal penalties to ensure compliance with the obligations laid down by Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, provided that those penalties are analogous to those applicable to infringements of national law of a similar nature and importance and are, in any event, effective, proportionate and dissuasive.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.