Criminal proceedings against Silvio Berlusconi, Sergio Adelchi and Marcello Dell'Utri and Others (C-387/02, C-391/02, C-403/02)

Judgment of 3 May 2005

law://eu/cjeu/2002/c-387-02/para_36@2026-11-13

36In the light of those considerations, the national courts making the references, in the same way as the public prosecuting authorities, take the view that the proceedings in the present cases raise questions as to whether or not the penalties provided for under the new Articles 2621 and 2622 of the Italian Civil Code are appropriate when considered in the light of, either, Article 6 of the First Companies Directive, as interpreted by the Court in, inter alia, Case C-97/96 Daihatsu Deutschland [1997] ECR I-6843, or Article 5 of the Treaty, from which, according to case-law which has been well established since Case 68/88 Commission v Greece [1989] ECR 2965, paragraphs 23 and 24, it follows that penalties for infringements of provisions of Community law must be effective, proportionate and dissuasive.

Criminal proceedings against Silvio Berlusconi, Sergio Adelchi and Marcello Dell'Utri and Others (C-387/02, C-391/02, C-403/02)

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