27.2.2017

EN

Official Journal of the European Union

C 63/15

(Case C-597/16)

(2017/C 063/21)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Commissione Nazionale per le Società e la Borsa (Consob)

Respondent: Antonio Zecca

Questions referred

1.Is Article 50 of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that, where a court has delivered a final judgment finding a defendant not to have committed the criminal offence alleged, it precludes the initiation or prosecution of further proceedings based on the same facts with a view to the imposition of penalties which, on account of their nature and severity, may be regarded as criminal penalties, without it being necessary for the national court to make any further assessment?

2.In assessing the effectiveness, proportionality and dissuasiveness of penalties, in the context of determining whether there has been a breach of the ne bis in idem principle referred to in Article 50 of the Charter of Fundamental Rights of the European Union, must a national court take into account the thresholds for sanctions laid down in Directive 2014/57/EU?

Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ 2014 L 173, p. 179).

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Language of the case: Italian

ECLI:EU:C:2017:140