Skip to content

The Duplication of Proceedings and Penalties under Sectoral Rules and Competition Law Recast: Toshiba Is Dead, Long Live Bpost? (C-117/20 bpost)

Jeroen Dewispelaere, Tatiana Ghysels


Keywords: non bis in idem principle, parallel investigations, penalties

Case C-117/20 bpost, Judgment of the Court (Grand Chamber) of 22 March 2022
The Court of Justice confirms that the non bis in idem principle, as guaranteed by Article 50 of the Charter, also applies in the event of a duplication of proceedings and penalties under sectoral rules and competition law. However, it is added that the application of this principle does not preclude a legal person from being fined for an infringement of competition law where, on the same facts, that person has already been the subject of a final decision following proceedings relating to an infringement of sectoral rules, provided that there are clear and precise rules making it possible to predict which acts or omissions are liable to be subject to a duplication of proceedings and penalties, and also to predict that there will be coordination between the competent authorities; that the two sets of proceedings have been conducted in a sufficiently coordinated manner within a proximate timeframe; and that the overall penalties imposed correspond to the seriousness of the offences committed.

Jeroen Dewispelaere and Tatiana Ghysels are attorneys-at-law at & DE BANDT advocaten|avocats, Brussels. For correspondence: <> or <>.


Lx-Number Search

(e.g. A | 000123 | 01)

Export Citation