48As for the question whether, in this context, the provisions of EU law are sufficiently clear as to yield the constituent elements of the national law definition of an offence, in accordance with the principle of the legality of criminal offences and penalties, this falls – as the Advocate General pointed out in paragraph 71 of his Opinion – to be assessed by the referring court. In that regard, however, it should be borne in mind that that principle is a general principle of EU law, which is laid down, inter alia, in Article 49(1) of the Charter of Fundamental Rights of the European Union. This principle, which the Member States, in particular, are required to observe when they prescribe a penalty to punish failure to comply with provisions of EU law, implies that legislation must define clearly offences and the penalties which they attract. That requirement is satisfied where the individual concerned is able, on the basis of the wording of the relevant provision and, if need be, with the help of the interpretative guidance given by the courts, to know which acts or omissions will make him criminally liable (see, to that effect, inter alia, Case 5/88 Wachauf [1989] ECR 2609, paragraph 19; Case C‑303/05 Advocaten voor de Wereld [2007] ECR I‑3633, paragraphs 49 and 50; and Case C‑546/09 Aurubis Balgaria [2011] ECR I‑0000, paragraphs 41 and 42).
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