A Menarini Diagnostics SRL v Italy
Heavy competition fines are criminal penalties for the purposes of article 6, but the imposition by an administrative authority is compatible with the Convention if subject to review by a court with full jurisdiction.
Facts
The Italian competition authority fined Menarini Diagnostics six million euros for participating in a cartel in the market for diabetes diagnostic tests. Menarini appealed to the Italian administrative courts, which reviewed the legality of the decision but did not, it argued, re-examine the merits fully. Menarini complained that the procedure breached article 6, because the fine was a criminal penalty imposed by an administrative body, without a full judicial review.
Legal principle
The European Court of Human Rights held that the fine was of a criminal nature, having regard to its deterrent and punitive purpose and its severity, so that article 6 applied under its criminal limb. However, there was no violation, because article 6 does not exclude a penalty being imposed by an administrative authority in the first instance, provided that the decision is subject to subsequent review by a judicial body with full jurisdiction, which has power to quash the decision in all respects, on questions of fact and law. The Italian courts had examined the decision in detail, including the appropriateness of the fine, so the requirements were met.
Related cases on investigations, cartels and penalties
- Akzo Nobel Chemicals Ltd v Commission Case C-550/07 P, [2010] ECR I-8301
- AM & S Europe Ltd v Commission Case 155/79, [1982] ECR 1575
- Hoechst AG v Commission Joined Cases 46/87 and 227/88, [1989] ECR 2859
- Norris v Government of the United States of America [2008] UKHL 16, [2008] 1 AC 920
- Orkem SA v Commission Case 374/87, [1989] ECR 3283
- Pfleiderer AG v Bundeskartellamt Case C-360/09, [2011] ECR I-5161
- Vantaan kaupunki v Skanska Industrial Solutions Oy Case C-724/17, EU:C:2019:204
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