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Case C-537/16: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 24 October 2016 — Garlsson Real Estate SA, in liquidation, and Others v Commissione Nazionale per le Società e la Borsa (Consob)
ECLI:EU:UNKNOWN:62016CN0537
62016CN0537
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23.1.2017
EN
Official Journal of the European Union
C 22/7
(Case C-537/16)
(2017/C 022/11)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellants: Garlsson Real Estate SA, in liquidation, Stefano Ricucci, Magiste International SA
Cross-appellant: Commissione Nazionale per le Società e la Borsa (Consob)
Questions referred
1.Does Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention on Protection of Human Rights and Fundamental Freedoms, the relevant case-law of the European Court of Human Rights and national law, preclude the possibility of conducting administrative proceedings in respect of an act (unlawful conduct consisting in market manipulation) for which the same person has been convicted by a decision that has the force or res judicata?
2.May the national court directly apply EU principles in connection with the ne bis in idem principle, on the basis of Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention on the Protection of Human Rights and Fundamental Freedoms, the relevant case-law of the European Court of Human Rights and national law?