43However, the bringing of proceedings for an administrative fine of a criminal nature, such as those at issue in the main proceedings, following the final conclusion of criminal proceedings, is subject to strict compliance with the principle of proportionality (see, to that effect, judgment of 20 March 2018, Garlsson Real Estate, C‑537/16, EU:C:2018:193, paragraph 48). In that regard, it should be noted that, unlike the situation leading to the judgment of 26 February 2013, Åkerberg Fransson (C‑617/10, EU:C:2013:105), in which the criminal proceedings had been brought after the imposition of a tax penalty, the cases in the main proceedings raise the question whether proceedings for an administrative fine of a criminal nature may be brought where a final criminal judgment of acquittal has concluded that the acts capable of constituting a violation of the legislation on insider dealing, on the basis of which those proceedings had also been initiated, were not established.
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