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Denmark / Supreme Court / 108/2017

Danish Prosecution Service v. T

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
17/08/2018

Key facts of the case

T is a Danish citizen residing in Denmark. In November 2015, a German court suspended T’s driving license after he in September 2015 in Germany drove a car with a blood alcohol level of 1.92 ‰ As a consequence of T’s drunk-driving in Germany, the Danish Prosecution Service charged T with a claim of suspension of T’s driving licence in Denmark. T argued that the suspension of his driving licence in Denmark was a violation of the prohibition against double punishment in article 4 of the ECHR, protocol 7 and article 50 of the Charter.

The Danish Prosecution Service claimed suspension of T’s driving licence with legal basis in article 11 of the criminal code, which states: “If a Danish national or person resident in the Danish state has been punished in a foreign country for an act which under the Danish law may entail loss or forfeiture of an office or profession or of any other right, such a deprivation may be sought in a public action in this country”.

The case concerned whether the use of article 11 of the Danish Criminal code was a violation of article 4, protocol 7 of the ECHR and article 50 of the Charter read in conjunction with article 49 and article 52 of the Charter.  

Key legal question raised by the Court:

The key legal question raised by the Supreme Court was whether the use of article 11 was double punishment and therefore a violation of article 4 of the ECHR, protocol 7 and article 50 of the Charter read in connection with article 49 and 52 of the Charter.  

Outcome of the case:

The Supreme Court found that article 50 of the Charter was not a hindrance to the use of article 11 in Danish criminal code.