Judgment_paragraph 27 · Dual Prod SRL v Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca - Comisia regională pentru autorizarea operatorilor de produse supuse accizelor armonizate (C-412/21)

27In the second place, although it is ultimately for the referring court to assess whether the two suspension measures at issue in the main proceedings may be classified as ‘criminal penalties’, for the purposes of Article 48(1) and Article 50 of the Charter, it must, however, be noted that three criteria are relevant in that respect. The first criterion is the legal classification of the offence under national law, the second is the intrinsic nature of the offence, and the third is the degree of severity of the penalty that the person concerned is liable to incur (see, to that effect, judgments of 5 June 2012, Bonda, C‑489/10, EU:C:2012:319, paragraph 37, and of 22 March 2022, bpost, C‑117/20, EU:C:2022:202, paragraph 25).