Art. 6 din Convenție (aspecte penale). Încălcare. Condamnarea reclamantului în temeiul unor dispoziții din dreptul intern în mod manifest contrare dreptului Uniunii Europene
Art. 6 of the Convention (criminal aspects). Violation. Conviction of the applicant based on the provisions of domestic law, manifestly contrary to the European Union law

Summary/Abstract: In this judgment, the Court found a violation of the plaintiff's right to a fair trial and the right guaranteed by art. 1 of the Protocol no. 1 to the Convention determined not by the refusal of the national courts to notify the Court of Justice of the European Union with a preliminary reference in order to interpret the law adopted in the matter of the common fisheries policy, but by the application of the domestic law that contravened the EU legislation in the matter. The case does not question the refusal of the national courts to refer the Court of Justice of the European Union with a preliminary reference, such a right not being guaranteed as such, but the violation of the principles of direct application and priority of EU law and, thereby, of the rights that the Convention consecrate them. When the EU law rules that do not raise any problem of interpretation and whose clear meaning has been communicated by the European Commission to the national authorities, including the courts before the final resolution of the case, the conviction of the plaintiff and the application of complementary sanctions of pecuniary nature by applying the provisions of national legislation which were obviously contrary to European law, represents, from the Court's perspective, a serious error of law that affects the fairness of the process, resides in a true denial of justice, lacking legal support and interference in the exercise of the right to the observance of goods.

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