CELEX: C2006/178/17
Language: en
Date: 2006-07-29 00:00:00
Title: Joined Cases C-23/03, C-52/03, C-133/03, C-337/03 and C-473/03: Order of the Court (Second Chamber) of  4 May 2006  — (references for a preliminary ruling from the Tribunale ordinario di Milano and the Tribunale ordinario di Torino (Italy)) — Criminal proceedings against Michel Mulliez and Others and Giuseppe Momblano (Joined Cases C-23/03 and C-52/03), Alessandro Nizza and Giacomo Pizzi (C-133/03), Fabrizio Barra (C-337/03), Adelio Aggio and Others (C-473/03) (First subparagraph of Article 104(3) of the Rules of Procedure — Company law — First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC — Annual accounts — Principle of a true and fair view — Penalties provided for in cases of false information on companies (false accounting) — Article 6 of First Directive 68/151/EEC — Requirement that penalties for breaches of Community law be appropriate)

29.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/11
            
         Order of the Court (Second Chamber) of 4 May 2006 — (references for a preliminary ruling from the Tribunale ordinario di Milano and the Tribunale ordinario di Torino (Italy)) — Criminal proceedings against Michel Mulliez and Others and Giuseppe Momblano (Joined Cases C-23/03 and C-52/03), Alessandro Nizza and Giacomo Pizzi (C-133/03), Fabrizio Barra (C-337/03), Adelio Aggio and Others (C-473/03)
   (Joined Cases C-23/03, C-52/03, C-133/03, C-337/03 and C-473/03) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Company law - First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC - Annual accounts - Principle of a true and fair view - Penalties provided for in cases of false information on companies (false accounting) - Article 6 of First Directive 68/151/EEC - Requirement that penalties for breaches of Community law be appropriate)
   (2006/C 178/17)
   Language of the case: Italian
   Referring courts
   Tribunale ordinario di Milano, Tribunale ordinario di Torino
   Criminal proceedings against
   Michel Mulliez, Patrick Lesaffre, Peter Hordjk, Michel Hoste, Christophe Dubrulle, Benoit Lheureux, Guy Geffroy, Gregory Sartorius and Giuseppe Momblano (Joined Cases C-23/03 and C-52/03), Alessandro Nizza and Giacomo Pizzi (C-133/03), Fabrizio Barra (C-337/03), Adelio Aggio and Others (C-473/03)
   Re:
   References for a preliminary ruling — Tribunale ordinario di Milano, Tribunale ordinario di Torino — Interpretation of Article 6 of First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, p. 8) — Annual accounts — Offences of failure to publish, and publication of false information — Appropriate penalties
   Operative part of the order
   In situations such as those in issue in the main proceedings, First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community, cannot be relied on as such against accused persons by the authorities of a Member State within the context of criminal proceedings, in view of the fact that a directive cannot, of itself and independently of national legislation adopted by a Member State for its implementation, have the effect of determining or increasing the criminal liability of those accused persons.
   
      (1)  OJ C 70, 22.3.2003.