63If the national court reaches the conclusion that national law does not prohibit the transit of counterfeit goods across Austrian territory, the principle of non-retroactivity of penalties, as enshrined in Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is a general principle of Community law common to the constitutional traditions of the Member States, would prohibit the imposition of criminal penalties for such conduct, even if the national rule were contrary to Community law.
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