Published on 25 March 2024
FIRST SECTION
Application no. 29639/19
UNIPOLSAI ASSICURAZIONI S.P.A.
against Italy
lodged on 31 May 2019
communicated on 5 March 2024
SUBJECT MATTER OF THE CASE
The application concerns the right not to be tried or punished twice under the jurisdiction of the same State for an offence of which an individual has already been finally acquitted or convicted in accordance with the law and criminal procedure of that State.
The applicant company alleges a violation of the principle of ne bis in idem under Article 4 of Protocol no. 7 to the Convention with regard to the proceedings whose details are summarised in the appended table. In particular, it complains that the two sets of proceedings concerned the company’s liability for the same facts, although they were linked to conducts materially taken by different members of the company’s administration.
QUESTION TO THE PARTIES
Has the applicant company been tried or punished twice for the same offence in the territory of the respondent State, as prohibited by Article 4 § 1 of Protocol No. 7 (Sergey Zolotukhin v. Russia [GC], no. 14939/03, ECHR 2009 and A and Bv. Norway [GC], nos. 24130/11 and 29758/11, 15 November 2016)?
Application no.
Case name
Introduction date
Applicant’s name
Registration date
Representative’s name
Location
First set of proceedings
Second set of proceedings
29639/19
Unipolsai Assicurazioni S.p.a. v. Italy
31/05/2019
UNIPOLSAI ASSICURAZIONI S.P.A.
Eva Raffaella DESANA
Turin
Criminal proceedings
Relevant conduct:
spreading of false information capable of affecting the correct functioning of the market in 2010 budget report. Conduct materially taken by S.L., J.L., G.M.L., A.T., F.M., G.P.L. and E.E. (all with representative and administrative functions within the applicant company)
Relevant provisions:
Articles 5 and 25-sexies of Legislative Decree no. 231 of 2001.
Proceedings:
Milan District Court
Judgment no. 3421/15
R.G. no. 3304/14
23/06/2016 (final 22/07/2016)
Administrative proceedings
Relevant conduct:
spreading of false information capable of affecting the correct functioning of the market in 2010 budget report. Conduct materially taken by J.L. (president and managing director) and E.E. (managing director) and recognition of the applicant company’s joint and several liability.
Relevant provisions:
Article 6 § 3 of the Law bi. 689/1981 and Article 187-quinquies §1(a) of Legislative Decree no. 58 of 1998.
Proceedings:
Order no. 18839 by the National Companies and Stock Exchange Commission (CONSOB)
20/03/2014
Bologna Court of Appeal
Judgment no. 475/15
R.G. no. 1290/15
27/03/2015
Court of Cassation
Judgment no. 31635/18
R.G. no. 23004/15
06/12/2018
APPENDIX