43The obligation under Article 61 of the TRIPS Agreement to provide for criminal procedures that are, at the very least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale, capable of resulting in effective, deterrent and proportionate penalties, binds each member of the WTO, including the European Union and its Member States, and forms part, as is apparent from the case-law referred to in paragraph 39 above, of EU law, irrespective of acts of internal harmonisation. The Court’s case-law according to which a Member State is implementing EU law, within the meaning of Article 51(1) of the Charter, where it is discharging an obligation, laid down in a provision of EU law, to provide for effective, proportionate and deterrent penalties against the persons responsible for the offences referred to by that provision (see, to that effect, judgment of 20 March 2018, Garlsson Real Estate and Others, C‑537/16, EU:C:2018:193, paragraphs 22 and 23) applies to the case at hand. The fact that that obligation is laid down in an international agreement entered into by the European Union and not in internal EU legislation is, in that regard, irrelevant, as follows from the case-law referred to in paragraph 38 above.
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