Source: EURLEX
Language: en
Format: md

[Keywords](#IX)
  
[Summary](#SM)

## Keywords

1. Common commercial policy — Measures designed to prevent the marketing of counterfeit and pirated goods — Regulation No 3295/94 — Scope — Goods in external transit — Included — (Council Regulation No 3295/94, Arts. 2 and 11)

2. Acts of the institutions — Regulations — Implementation by the Member States — Duty to interpret national law so as to be compatible with Community law — Limits — Principle of non-retroactivity of criminal offences and penalties

## Summary

1. Article 11 of Regulation No 3295/94 laying down measures concerning the entry into the Community and the export and re-export from the Community of goods infringing certain intellectual property rights, as amended by Regulation No 241/1999, requires Member States to introduce penalties for infringements of the prohibition laid down in Article 2 of the regulation on the release for free circulation, export, re-export and placing under a suspensive procedure of counterfeit goods. Those provisions are applicable to situations in which goods in transit between two countries not belonging to the European Community are temporarily detained in a Member State by the customs authorities of that State.

see paras 55, 64, operative part 1

2. The duty to interpret national law so as to be compatible with Community law, in the light of its wording and purpose, in order to attain the aim pursued by the latter, cannot, of itself and independently of a law adopted by a Member State, have the effect of determining or aggravating the liability in criminal law of an entity which has failed to meet the requirements of a Community regulation.

That obligation finds its limits in the general principles of law which form part of the Community legal system and, in particular, in the principles of legal certainty and non-retroactivity. In particular, the principle of non-retroactivity of penalties, enshrined in Article 7 of the European Convention for the Protection of Human Rights and constituting a general principle of Community law common to the constitutional traditions of the Member States, prohibits the imposition of criminal penalties for conduct which is not prohibited by a national rule, even if the national rule is contrary to Community law.

see paras 61, 63-64, operative part 2

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