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Joined Cases C-217/15 and C-350/15: Judgment of the Court (Fourth Chamber) of 5 April 2017 (request for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere — Italy) — criminal proceedings against Massimo Orsi (C-217/15), Luciano Baldetti (C-350/15) (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 2 and 273 — National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Identity of the accused or penalised person — Absence)

ECLI:EU:UNKNOWN:62015CA0217

62015CA0217

April 5, 2017
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Valentina R., lawyer

29.5.2017

Official Journal of the European Union

C 168/5

(Joined Cases C-217/15 and C-350/15) (1)

((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Articles 2 and 273 - National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax - Charter of Fundamental Rights of the European Union - Article 50 - Ne bis in idem principle - Identity of the accused or penalised person - Absence))

(2017/C 168/05)

Language of the case: Italian

Referring court

Party in the main proceedings

Massimo Orsi (C 217/15), Luciano Baldetti (C 350/15)

Operative part of the judgment

Article 50 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which permits criminal proceedings to be brought for non-payment of value added tax, after the imposition of a definitive tax penalty with respect to the same act or omission, where that penalty was imposed on a company with legal personality, while those criminal proceedings were brought against a natural person.

(1)

OJ C 245, 27.7.2015.

OJ C 311 21.9.2015.

* * *

Language of the case: Italian.

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