November 28
2021
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19th October 2021
Energy & Transport Human Rights Internal Market Justice & Litigation

Analysis: “The Judgement of the Court of Justice in LU. A missed opportunity to address certain aspects of the Framework Decision on financial penalties” by Marloes Spreeuw

On Wednesday 6 October 2021, the Court of Justice issued its judgment in LU (C-136/20) concerning the interpretation of Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties, and adopted a restrictive approach regarding the grounds for refusal to recognise and execute a decision from a competent authority of an issuing Member State. Whilst the outcome of the case is unsurprising, the Court of Justice had the opportunity to interpret the concept of ‘conduct which infringes road traffic regulations’ as a criminal offence for which double criminality of the act is precluded. Moreover, following Advocate General (AG) Richard de La Tour’s Opinion, the Court of Justice had the

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