Someone recently bought our

students are currently browsing our notes.


C-387/02 et al Silvio Berlusconi

[2005] ECR I-3565

Case summary last updated at 13/02/2020 21:16 by the Oxbridge Notes in-house law team.

Judgement for the case C-387/02 et al Silvio Berlusconi

ECJ again ruled that  unimposed directives cant impose obligations on individuals. It said that unimplemented directives 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 whether criminal provisions, that are more favourable to accused persons and entered into force after the offences in question had been committed, are compatible with that [treaty] provision in the case where their incompatibility could have the effect of setting aside application of the system of more lenient penalties provided for by those provisions. 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.

Have you seen Oxbridge Notes' best European Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious academic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
European Law Notes

European Law Notes >>