Keywords
Summary

Keywords

Freedom of movement for persons – Freedom of establishment – Companies – Directive 68/151 – Annual accounts

(Council Directive 68/151, Art. 6)

Summary

The requirement that penalties for a failure to publish annual accounts be appropriate, laid down in Article 6 of First Directive 68/151 on the 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 for the purpose of assessing the compatibility with that requirement of criminal provisions more favourable to accused persons, which entered into force after the offences were committed, since that assessment could have the effect of setting aside application of the system of more lenient penalties provided for by those articles. 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.

(see paras 29-30, 36, 45, operative part)