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Case C-218/15: Request for a preliminary ruling from the Tribunale ordinario di Campobasso (Italy) lodged on 11 May 2015 — Criminal proceedings against Gianpaolo Paoletti and Others
ECLI:EU:UNKNOWN:62015CN0218
62015CN0218
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10.8.2015
EN
Official Journal of the European Union
C 262/5
(Case C-218/15)
(2015/C 262/06)
Language of the case: Italian
Referring court
Party/parties to the main proceedings
Gianpaolo Paoletti, Umberto Castaldi, Domenico Faricelli, Antonio Angelucci, Mauro Angelucci, Antonio D’Ovidio, Camillo Volpe, Alfredo Viali, Giampaolo Canzano, Raffaele Di Giovanni, Antonio Della Valle
Questions referred
1.Must Article 7 of the ECHR, Article 49 of the Charter of Fundamental Rights of the European Union, proclaimed on 7 December 2000 in Nice, and Article 6 [TEU] be interpreted as meaning that Romania’s accession to the European Union on 1 January 2007 had the effect of abolishing the criminal offence provided for in and punishable under Article 12 of Legislative Decree No 286/1998 (consolidated text [on immigration]) relating to the facilitating of the immigration and stay by Romanian nationals in the territory of the Italian State?
2.Must those provisions be interpreted as precluding a Member State from applying the principle of benign retroactivity (in mitius) in respect of persons who, before 1 January 2007 (or other subsequent date on which the treaty took full effect), the date on which Romania’s accession to the European Union took effect, were responsible for breach of Article 12 of Legislative Decree No 286/1998 (consolidated text on immigration) in that they facilitated the immigration of Romanian nationals, which ceased to be an offence as from 1 January 2007?