Judgment_paragraph 57 · 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)

57As regards, secondly, the condition relating to the assessment of the merits of the case, it is clear from the case-law of the European Court of Human Rights on observance of the principle ne bis in idem that, where a penalty has been ordered by the competent authority as a result of the behaviour attributed to the person concerned, it can reasonably be considered that the competent authority had conducted a prior assessment of the circumstances of the case and whether or not the behaviour of the person concerned was lawful (see, to that effect, ECtHR, 8 July 2019, Mihalache v. Romania, CE:ECHR:2019:0708JUD005401210, § 98).