December 02
2021
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6th October 2021
Internal Market Justice & Litigation

Court of Justice: Member States cannot refuse recognition and enforcement of financial penalties for conducts listed in Article 5(1) of Council Framework Decision 2005/214/JHA

The Court of Justice has issued its judgment in LU (C-136/20), a preliminary reference case concerning the interpretation of Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties.

The case revolves around the existence and scope of the discretion enjoyed by Member States authorities when receiving a request from an issuing Member State to execute a decision imposing a financial penalty for the conducts listed in Article 5(1) of the Framework Decision. The request for a preliminary ruling was made in the context of proceedings concerning the recognition and enforcement by the competent Hungarian authority of a financial penalty imposed by the competent Austrian auth

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